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Bombay High CourtCHOL/271/2025disposed off

Rajini Sondur D O Hosbet Suresh v. Suresh Hosbet Alias Suresh Rama Hosbet

2025-06-19E.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 : 19th June, 2025 CALLED FOR DIRECTION:

7.CHOL/271/2025 AMH20230019762C202500018 In TP/1969/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. V. K. Rajbhar i/b. Mr. R. T. Kharwar, Advocate for the Applicant.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Sunil Hosbet Suresh (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 "Vijay Karnataka" in vernacular language i.e. Kannad.

3.

Perused the Affidavit in Support dated 20th December, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as widower and Mr. Sunil Hosbet Suresh, son of the deceased, has not kept any connection with the deceased and his whereabouts are not known to anyone. It is further stated in the Affidavit that the deceased in his last Will and testament has stated that the son of the deceased has been disinherited from all the assets and liabilities from the movable and immovable properties. The Applicant has further stated that she had made diligent search for getting any other address for knowing heirs and relatives but none have been find. The Applicant therefore requested to permit her to publish the Citation upon Sunil Hosbet Suresh (Son of the deceased) by way of substituted service by ..2/-

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

publishing in two newspapers viz. "Free Press Journal" in English Language and in "Vijay Kanrnataka" in vernacular language i.e. Kannada.

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 deceased died as widower and Mr. Sunil Hosbet Suresh, son of the deceased, has not kept any connection with the deceased and his whereabouts are not known to anyone. He further submits that the deceased in his last Will and testament has mentioned that the son of the deceased has been disinherited from all the assets and liabilities from the movable and immovable properties. He further submits that the Applicant has had made diligent search for getting any other address for knowing heirs and relatives but none have been find. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 20th December, 2024 annexed to the Chamber order and averment made in Para-8 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) "Vijay Karnataka" in Kannad 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 19.06.2025