Balkishan Amirchand Khanna v. Amirchand Thakardas Khanna

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2025 CALLED FOR DIRECTION:

9. CHOL/340/2025 In TP/4051/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yuvaraj Takale i/b Rajyashree Phadke, Advocate for the Applicant/Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Swaran Ramkrishna Khanna (daughterin-law - widow of the predeceased son), Rakhi Khanna Shetty (grand daughter of the deceased) and Aarti Ramkishan Khanna (grand daughter of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant/Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat Times " newspaper in vernacular language (Hindi).

3.

Perused the Affidavit in support dated 09.04.2025. It is stated in the Affidavit in support that the citation sent for service upon the above named legal heirs through the Sheriff of Bombay was returned 'Unserved' and the Bailiff had reported that the said premises was found locked and after making enquiry with the neighbours, they informed the Bailiff that the said premises has been locked for 10 years back and the said legal heirs have shifted to other place. It is further stated that the applicant is not aware of their present address and till date, all the above named persons have not contacted the Applicant and their whereabouts are not known inspite of due search and enquiry was made by him. The Applicant, therefore, requested to permit him to publish the Citation upon the abovenamed legal heirs by way of substituted service by publishing in two

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat Times" newspaper in vernacular language (Hindi).

4.

Perused Para-11 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabout is not known to the Petitioner.

5.

Heard. The Ld. Advocate for the Applicant submits that the citation sent for service upon the above named legal heirs through the Sheriff of Bombay was returned 'Unserved' and the Bailiff had reported that the said premises was found locked and after making enquiry with the neighbours, they informed the Bailiff that the said premises has been locked for 10 years back and the said legal heirs have shifted to other place. He further submits that the applicant is not aware of their present address and till date all the above named persons have not contacted the Applicant and their whereabouts are not known inspite of due search and enquiry was made by him.. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit in support annexed to the Chamber order and averment made in Para - 11 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "in "Nav Bharat Times" newspaper in vernacular language (Hindi), 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 24.07.2025