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Bombay High CourtCHOL/226/2025disposed off

Sushilaben Rameshchandra Shah v. Dalpatlal Purshottamdas Shah(Deceased)

2025-05-08E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th May, 2025 CALLED FOR DIRECTION:

8.CHOL/226/2025 In TP/312/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Akshada Pawar i/b. Mr. Prasad Sarvankar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Anilaben Dalpatlal Shah, legal heir of the deceased and upon all concerned by way of substituted service as per the Schedule annexed to the Chamber Order. 2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 5th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the address of Anilaben Dalpatlal Shah, legal heir of the deceased, is not known to the Applicant. It is further stated that the Applicant has made extensive enquiry about the said legal heirs with friends and relatives for her whereabouts, as well as on social media but could not find the same. The Applicant therefore requested to permit her to publish the Citation upon Anilaben Dalpatlal Shah, legal heir of the deceased and upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Gujrat Samachar" in vernacular language i.e. Gujarati. ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner. 5.

Heard. The Ld. Advocate for the Applicant submits that the address of Anilaben Dalpatlal Shah, legal heir of the deceased, is not known to the Applicant. She is further submits that the Applicant has made extensive enquiry about the said legal heirs with friends and relatives for her whereabouts, as well as on social media but could not find the same. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 5th April, 2025 annexed to the Chamber Order and averment made in Para-8 of the Petition, the present Chamber Order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and

(2) "Gujrat Samachar" in Gujarati language, within six weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 08.05.2025