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Bombay High CourtCHOL/310/2025disposed off

Manish Kumar Chaturbhuj Sahu Alias Manish Chaturbhuj Sahu v. Chaturbhuj Kanhaiya Sahu

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:

Mr. Mevalal Verma, Advocate for the Applicant / Petitioner. 14.CHOL/310/2025 AMH20230054975C202500028 In TP/4374/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mukesh Chaturbhuj Sahu (Son of the deceased) by way of substituted service and also by affixing the copy of Citation on the conspicuous part of the residence of legal heir i.e. Mukesh Chaturbhuj Sahu, 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 30th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation was sent for service upon Mukesh Chaturbhuj Sahu through the Bailiff of Sheriff of Bombay could not be served and the Bailiff had submitted his report. It appears from the report that the premises was found locked and after making enquiry with neighbours that the said legal heirs come their occasionally. It is further stated that he had made diligent search for getting address of the above legal heir from the relatives but none have been found. The Applicant therefore requested to permit her to publish the Citation upon Mukesh Chaturbhuj Sahu, (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times ..2/-

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

(NBT)" in vernacular language i.e. Hindi and also affixing the copy of Citation on the conspicuous part of the residence of legal heir i.e. Mukesh Chaturbhuj Sahu.

4.

Perused Para-5 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 Mukesh Chaturbhuj Sahu, (Son of the deceased), but the same could be served and the Bailiff from Sheriff of Bombay had submitted the report that the premises was found locked and after making enquiry with neighbours that the said legal heirs come their occasionally. He further submits that Applicant had made diligent search for getting address of the above legal heir from the relatives but none have been found. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 30th April, 2025 annexed to the Chamber order and averment made in Para-5 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