Indira Sureshchandra Dawda v. Shri Harishchandra Dwarkadas Dawda

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 16th October, 2025 CALLED FOR DIRECTION:

2.CHOL/ 454/2025 AMH20240129771C202500001 ) ) ) ) Shri Ritesh Singh i/by Sanjeev R. Singh, Advocate for the Applicant / Petitioner IN TP/516/2023 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Rajesh Mahabal Shah, Nephew of the deceased by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavits that, the citation could not be served upon Rajesh Mahabal Shah at his new address. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as bachelor. He further submits that, the citation could not be served upon Rajesh Mahabal Shah, Nephew of the

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deceased at his new address as the citation was returned by the postal authorities with a remark "Left" and the bailiff has filed the affidavit of service dated 22nd February 2025 Ld. Advocate further submits that, the Applicant be permitted to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati widely circulated in Mumbai, by way of substituted service of citation upon Rajesh Mahabal Shah, Nephew of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 16.10.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk