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Bombay High CourtCHOL/233/2025disposed off

Manak Motilal Mehta v. Bhanumati Motilal Mehta (Deceased)

2025-06-10E.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 : 10th June, 2025 CALLED FOR DIRECTION:

2.CHOL/233/2025 In TP/1081/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suraj S. Ghogare i/b. Mr. Amrut M. Vernekar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Vijay Motilal Mehta (Son of the deceased) 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 "Janmabhoomi" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 2nd May, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Mr. Vijay Motilal Mehta (Son of the deceased), was a bachelor and has left the house after renouncing the worldly affairs at the age of 25 years by taking Deeksha as per the principle of Jainism since 5th February, 1975 and he is not in contact with the Petitioner and any of the family members and his whereabouts not known as he has know fixed place of abode being the Jain Muni. The Applicant therefore requested to permit him to publish the Citation upon Mr. Vijay Motilal Mehta (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. ..2/-

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

4.

Perused Para-10 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 Mr. Vijay Motilal Mehta (Son of the deceased), was a bachelor and has left the house after renouncing the worldly affairs at the age of 25 years by taking Deeksha as per the principle of Jainism since 5th February, 1975 and he is not in contact with the Petitioner and any of the family members and his whereabouts not known as he has know fixed place of abode being the Jain Muni. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 2nd May, 2025 annexed to the Chamber order and averment made in Para-10 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) "Janmabhoomi" in Gujarati language, within four 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 10.06.2025