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Bombay High CourtCHOL/299/2025disposed off

Sonal Bharat Solanki v. Babubhai Purshottam Solanki

2025-07-15E.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 : 15th July, 2025 CALLED FOR DIRECTION:

10.CHOL/299/2025 AMH20230042579C202500010 In TP/935/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rajesh S. Baisane, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Notice upon legal heirs of the deceased i.e. relatives from his Grandfather side 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 Notice in two newspapers viz. "Free Press Journal" in English Language and in "Sandesh" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 8th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as bachelor and his parents brother and sister are predeceased him and the relatives of deceased's grandfather whereabouts are not known to the Applicant / Petitioner as they have not been in touch since decades. It is further stated that after the death of the deceased, the Applicant had tried to search and locate relatives from his grandfather side but she did not get any information. The Applicant therefore requested to permit her to publish the Notice upon legal heirs of the deceased i.e. relatives from his Grandfather side by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Sandesh" in vernacular language i.e. Gujarati.

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4.

Perused Para-4 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 bachelor and his parents brother and sister are predeceased him and the relatives of deceased's grandfather whereabouts are not known to the Applicant / Petitioner as they have not been in touch since decades. He further submits that after the death of the deceased, the Applicant had tried to search and locate relatives from his grandfather side but she did not get any information. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 8th April, 2025 annexed to the Chamber order and averment made in Para-4 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) "Sandesh" 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 15.07.2025