Rajrani Harbanslal Sagar v. Harbans Lal Sagar Alias Harbanslal Son Of Kishinlal Alias Harbanslal Kisanchand Sagar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July, 2025 CALLED FOR DIRECTION:

13.CHOL/309/2025 AMH20230054975C202500027 In TP/5583/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mevalal Verma, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Tarsemlal Harbanslal Sagar (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 "Navbharat Times (NBT)" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 29th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon Tarsemlal Harbanslal Sagar (Son of the deceased) was returned by the Bailiff from Sheriff of Bombay and submitted report dated 3rd February 2025 stating therein that the present occupant informed him that the legal heir sold the premises ten years back and his present whereabouts is not known. It is further stated that the Applicant had made diligent search for getting any other address from heirs and relatives but none have been found. The Applicant therefore requested to permit her to publish the Citation upon Tarsemlal Harbanslal Sagar (Son of the deceased) by way of substituted service by publishing in two ..2/-

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

newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times (NBT)" in vernacular language i.e. Hindi. 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 Bailiff of Sheriff of Bombay had made an attempt to serve the Citation upon Tarsemlal Harbanslal Sagar (Son of the deceased), but the same could be served and the Bailiff from Sheriff of Bombay had submitted report dated 3rd February 2025 stating therein that the present occupant informed him that the legal heir sold the premises ten years back and his present whereabouts is not known. He further submits that the Applicant had made diligent search for getting any other address from heirs and relatives but none have been found. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 29th 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) "Free Press Journal" in English and (2) "Navbharat Times (NBT)" 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 15.07.2025