Akshat Kunjan Mody v. Chandrakant Manilal Mody

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

7.CHOL/ 427/2025 AMH20240003856C20250 ) ) ) ) Ms. Shruti Lakhani, Advocate for the Applicant / Petitioners IN TP/2060/2025 P.C.

By the present Chamber Order the Applicant seeks permission to serve the citation upon (1) Smt. Achala Parikh (2) Smt. Shailja Shah and (3) Smt. Parinda Doshi, married daughters of the deceased by way of substitute service.

2.

The Applicant seeks permission to publish the citation in two newspaper viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, Mumbai edition. Perused the affidavit in support dated 21st July 2025. It is stated in the said affidavit that, the citation sent for service upon (1) Smt. Achala Parikh, (2) Smt. Shailja Shah and (3) Smt. Parinda Doshi was returned back by the Postal Authority with remark "Item returned addressee moved", "Item returned unclaimed" and "Item returned addressee left without instruction" respectively. Affidavit of service filed by the Bailiff of Sheriff of Bombay dated 21st June, 2025 is on record.

3.

Heard. The Ld. Advocate for the Applicant submits that, parents of the deceased and wife of the deceased also predeceased the deceased. He further submits that, Kunjan Chandrakant Modi

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son of the deceased has also the predeceased the deceased. Ld. Advocate further submits that, the Applicant is not aware of the present whereabouts of the legal heirs of the deceased. He, therefore, prays that, the Chamber Order be allowed. 4.

Perused the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant is directed to publish the citation by way of substitute service by publishing in two newspaper viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, Mumbai edition within four weeks from today. Office is directed to issue fresh Citation, if required.

5.

Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done. 15.09.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master