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Bombay High CourtCHOL/512/2025disposed off

Fatehnath Gurudhirajnath Yogi v. Anteryami Nath Sagar Mishra

2025-12-04E.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: 4th December, 2025 CALLED FOR DIRECTION:

5. CHOL/ 512/2025 AMH20230043146C20250 ) ) ) ) Shri Shailesh Pal i/by Abhishek Chaturvedi, Advocate for the Applicant / Petitioner.

IN TP /5697/2024 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon ALL CONCERNED legal heirs 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. "Business Standard" in English language and in "Hamara Mahanager" in vernacular language i.e. Hindi.

3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the affidavits that, the deceased died as bachelor and the legal heirs of the deceased are not known to the Applicant / Petitioner. It is further stated that, the Applicant had tried to search the whereabouts of the legal heirs of the deceased from his relatives but despite due and diligent search the Applicant could not find any of them. The Applicant, therefore, requested to permit him to publish the citation by way of service upon ALL CONCERNED, legal heirs of the deceased, in two newspapers viz.

: 2 :

"Business Standard" in English language and in "Hamara Mahanager" in vernacular language i.e. Hindi. 4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as bachelor and the legal heirs of the deceased are not known to the Applicant / Petitioner. He further submits that, the Applicant had tried to search the whereabouts of the legal heirs of the deceased from his relatives but despite due and diligent search the Applicant could not find any of them. He, therefore, prays that the Chamber Order be allowed.

5.

Perused para 8 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspaper viz. "Business Standard" English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi, by way of substituted service upon ALL CONCERNED, Legal Heirs 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. 04.12.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk