Nayna Navin Chandra Shah v. Kantilal Shivji Lapsiya Alias Kantilal S Lapsiya Alias Kantilal Shivaji Lapsiya

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 5th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

6. CHOL/ 511/2025 AMH20230054236C20250 ) ) ) ) Ms. Piyali Bhoir i/by Shri Sohel Kazi, Advocate for the Applicant / Petitioner.

IN TP /405/2021 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon Kamlesh Shivji Lapsiya, brother 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 "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon Kamlesh Shivji Lapsiya, brother of the deceased, through Sheriff of Bombay has been returned with postal remark "Left". The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon Kamlesh Shivji Lapsiya, brother of the deceased through Sheriff of Bombay has been returned with postal remark "Left". He further submits that, perused the Petition the affidavit of service dated 12th February 2026 is on record. She, therefore, prays that, the Chamber Order be allowed. 5.

Perused 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 "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon Kamlesh Shivji Lapsiya, brother 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. 05.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk