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Bombay High CourtCHOL/455/2025disposed off

Lomesh Navinchandra Dave v. Mayurdhwaj Purshottamdas Patel Alias Mayurdhawaj P Patel

2025-10-06E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 6th October, 2025 CALLED FOR DIRECTION:

7.CHOL/ 455/2025 AMH20230056530C20250 ) ) ) ) Ms. Kinjal Desai i/by Dipti Shah, Advocate for the Applicant / Petitioners IN TP/1602/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon ALL CONCERNED 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.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the deceased has no legal heirs and his wife and mother were predeceased the deceased. It is further stated that, the deceased had one sister who died as a spinster and deceased had no brother. The Applicant therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati.

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4.

Heard. Ld. Advocate for the Applicant submits that, the deceased has no legal heirs and his wife and mother were predeceased the deceased. She further submits that, the deceased had one sister who died as a spinster and deceased had no brother. Ld. Advocate for the Applicant further submits that, the Applicant is not aware of the whereabouts of the legal heirs of the deceased. She, 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 notice in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati, by way of substituted service of notice upon ALL CONCERNED of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the notice is published within two weeks thereafter. 06.10.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk