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Bombay High CourtCHOL/243/2025disposed off

Kundan K Javeri v. Vinod Hasmukhlal Javeri

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:

5.CHOL/243/2025 AMH20230044016C202500001 In TP/4759/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nikhat Chaudhary i/b. Kavisha D. Shah, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mrs. Vishakha Hingorani (Daughter 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 "Navbharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 5th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that Applicant had conducted a diligent search for the whereabouts of Mrs. Vishakha Hingorani (Daughter of the deceased) but the Applicant was unable to locate her and hence not aware, whether she is alive or since deceased. It is further stated that since the past two decades there was no contact between Mrs. Vishakha Hingorani or any member of the family. The Applicant therefore requested to permit him to publish the Citation upon Mrs. Vishakha Hingorani (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navabhart" in vernacular language i.e. Hindi.

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

4.

Perused Para-7 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 Applicant had conducted a diligent search for the whereabouts of Mrs. Vishakha Hingorani (Daughter of the deceased) but the Applicant was unable to locate her and hence not aware, whether she is alive or since deceased. She further submits that since the past two decades there was no contact between Mrs. Vishakha Hingorani or any member of the family. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 5th February, 2025 annexed to the Chamber order and averment made in Para-7 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navabharat" in Hindi 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