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Bombay High CourtCHOL/390/2025disposed off

Dilip Ramanbhai Zaveri v. Mukund Ramanbhai Jhaveri Alias Mukund Ramanlal Jhaveri

2025-08-14E.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 : 14th August, 2025 CALLED FOR DIRECTION:

8.CHOL/390/2025 AMH20240128619C 202500011 In TP/2133/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rohan Marathe i/b. ALMT Legal, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Ms. Drishti Baxi (Daughter 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 "Gujarati Mid-Day" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 17th July, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased was divorcee and the address and whereabouts of the above named daughter of the deceased is not known to the Applicant. The Applicant has further stated that due efforts have been made to locate address and whereabouts of Drishti Baxi but the Applicant could find the details. The Applicant therefore requested to permit him to serve the Citation upon Drishti Baxi, (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Gujarati Mid-Day" in vernacular language i.e. Gujarati.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4.

Perused Para-8 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 was divorcee and the address and whereabouts of the above named daughter of the deceased is not known to the Applicant. He further submits that due efforts have been made to locate address and whereabouts of Drishti Baxi but the Applicant could find the details. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 17th July, 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) "Gujarati Mid-Day" 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 14.08.2025