← Library
Bombay High CourtCHOL/534/2025disposed off

Vasantibai Vasantkumar Jhaveri Alias Naseema Khatoon Bashirudin Khan Jhaveri v. Vasantkumar Narayandas Jhaveri Alias Jhaveri Vasantkumar N Alias Bashirudin Khan Narayandas Jhaveri

2025-11-03E.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: 3rd November, 2025 CALLED FOR DIRECTION:

7.CHOL/ 534/2025 AMH20220001571C202500071 ) ) ) Smt. Dolly Padhiyar, Advocate for the Applicants / Petitioner IN TP/3713/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Harish Vasantkumar Jhaveri alias Mohammed Gayasudin Khan B. Jhaveri, Son 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. "Active Times" in English Language and in "Hindustan (Urdu)" in vernacular language i.e. Urdu, widely circulated newspapers in Mumbai and in the State of Maharashtra.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the citation sent for service upon Harish Vasantkumar Jhaveri alias Mohammed Gayasudin Khan B. Jhaveri, Son of the deceased, through the Sheriff of Bombay has been returned unserved with a postal remark "LEFT WITHOUT INSTRUCTION & ADDRESSEE MOVED". It is further stated that, the above named legal heir is not in contact with the Applicant and the Applicant had made extensive inquiries with friends, relatives and

: 2 :

neighbours to ascertain the correct address, but unable to locate it. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Active Times" in English Language and in "Hindustan (Urdu)" in vernacular language i.e. Urdu, widely circulated newspapers in Mumbai and in the State of Maharashtra. 4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon Harish Vasantkumar Jhaveri alias Mohammed Gayasudin Khan B. Jhaveri, Son of the deceased through the Sheriff of Bombay has been returned unserved with a remark "LEFT WITHOUT INSTRUCTION & ADDRESSEE MOVED" and the affidavit of service dated 9th September, 2025 is filed by the Bailiff of Sheriff of Bombay. 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 citation in two newspapers viz. "Active Times" in English Language and in "Hindustan (Urdu)" in vernacular language i.e. Urdu widely circulated in Mumbai, by way of substituted service upon Harish Vasantkumar Jhaveri alias Mohammed Gayasudin Khan B. Jhaveri, Son 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. 03.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk