Somali Bipin Shah And ANR v. Parvati Shankar Gurav

sbk Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 4th September, 2025 CALLED FOR DIRECTION:

2.

CHOL/387/2025 AMH202300106 59C202500002 In TP/589/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Shri Aditya S. Patil i/b Smt. Anjali Jaiswal, Advocate for the Applicants / Petitioners P.C.

1. By this Chamber Order the Applicants seek publication of citation upon all concerned by way of substitute service as per the schedule annexed to the Chamber Order.

2. Perused the schedule the Applicants / Petitioners are seeking permission to publish the citation in two newspaper viz. Active Times in English Language and in Navshakti in Vernacular Language i.e. Marathi. Perused the affidavit in support dated 20th May, 2025 and additional affidavit dated 30th August 2025. It is stated in the affidavit in support that the Applicant is not aware of the legal heirs of the deceased. The Applicant has stated in the additional affidavit that the Petitioner had made enquiries with the neighbours and residents of the chawl, where the deceased last resided to trace out the surviving legal heirs of the deceased. It is further stated that, despite diligent enquiry, no relatives whether the close or distance were found to be surviving or traceable. The Applicants have also stated that, enquiries were made through community contacts but no information was forthcoming about any legal heirs of the deceased. The Applicants, therefore, requested to permit them to serve the citation upon all the concerned by way of substitute service by

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) publishing in two newspapers viz. Active Times in English Language and in Navshakti in Vernacular Language i.e. Marathi.

3. Perused in para 9 of the Petition it is mentioned and confirmed that the averments made in the affidavit in respect of addresses of the legal heirs not known to the Applicants / Petitioners.

4. Heard. Ld. Advocate for the Applicants / Petitioners submits that, the Applicants / Petitioners are not aware of the legal heirs of the deceased and the Applicants had made diligent enquiry with the neighbours and other concerned to trace out legal heirs of the deceased but could not trace them out. He, therefore, prays that the Chamber Order be allowed.

5. For the reasons stated in the affidavit in support dated 20th May, 2025 and additional affidavit dated 30th August 2025 and the averment made in para 9 of the Petition the Chamber Order is allowed. The Applicants are directed to publish the citation upon all concerned in newspaper viz. Active Times in English Language and in Navshakti in Vernacular Language i.e. Marathi within four weeks from the date of uploading this Order.

6. Office is directed to issue fresh citation if required. The Applicants to file affidavit annexing therewith the newspaper within two weeks once the publication is done.

04.09.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master