Jagruti Madhusudan Sanghvi v. Sarojben Amritlal Shah Alias Sarojben Amrutlal Shah

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th July, 2025 CALLED FOR DIRECTION:

4.CHOL/284/2025 AMH20230011719C202500003 In TP/1492/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pariket Shah i/b. Mr. Jay Vakil, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Sushilaben Shantilal Shah, (2) Bharat Shantilal Shah, (3) Rajesh Shantilal Shah, (4) Beena Shantilal Shah and (5) Shantaben Premchand Shah being Class II heirs 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. "Times of India" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 16th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as issueless and parents of the deceased predeceased the deceased. It is further stated that the building where the legal heirs were residing had gone under re-development but there present address is not known to the applicant. The Applicant therefore requested to permit her to publish the Citation upon the class II heirs of the deceaed by way of substituted service by publishing in two newspapers viz. "Times of India" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati.

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4.

Perused Para-8a 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 issueless and parents of the deceased predeceased the deceased. The Ld. Advocate further states that the building where the legal heirs were residing had gone under re-development but there present address is not known to the applicant. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 16th April, 2025 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) "Times of India" in English and (2) "Mumbai Samachar" in Punjabi 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 04.07.2025