Mitesh Pravin Jani v. Dinesh Hargovind Jani

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 3rd November, 2025 CALLED FOR DIRECTION:

12.CHOL/ 542/2025 AMH20240129087C202500004 ) ) ) Ms. Pushpa Thapa i/by Priya Kunal Gajjar, Advocate for the Applicants / Petitioners IN TP/5407/2024 P.C.

By this Chamber Order the Applicants seek permission to serve the citation upon (1) Saroj Yogesh Rawal, Sister of the deceased, (2) Jayant Hargovind Jani, Brother of the deceased and

(3) Anila Rohit Joshi, Sister of the deceased, by way of substituted service as per schedule annexed to the Chamber Order. 2.

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

3.

Perused the affidavit in support. The Applicants have stated in the affidavit in support that, the deceased died as bachelor and mother and father of the deceased predeceased the deceased. It is further stated that, the deceased has two brothers and four sisters. The Applicants have further stated that, the citation sent for service upon (1) Saroj Yogesh Rawal, Sister of the deceased, (2) Jayant Sister of the deceased, through the Sheriff of Bombay have been returned by the postal authorities with a remark "No such person in

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this address", "Left" and "Unclaimed" respectively and the Bailiff had filed an affidavit of service dated 14th August 2025. It is further stated that, despite due and diligent search for whereabouts of the abovenamed legal heirs, the Applicants could not find the same. The Applicants, therefore, requested to permit them to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarathi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicants submits that, the deceased died as bachelor and mother and father of the deceased predeceased the deceased. She further submits that, the deceased has two brothers and four sisters and the citation sent for service upon (1) Saroj Yogesh Rawal, Sister of the deceased, (2) Jayant Sister of the deceased, through the Sheriff of Bombay have been returned by the postal authorities with a remark "No such person in this address", "Left" and "Unclaimed" respectively and the Bailiff had filed an affidavit of service dated 14th August 2025. She further submits that, despite due and diligent search for whereabouts of the abovenamed legal heirs, the Applicants could not find the same. She, therefore, prays that the Chamber Order be allowed. 5.

Perused paragraph 8 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed and the same is signed separately. Applicants to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarathi widely circulated in Mumbai, by way of substituted service of citation upon

(1) Saroj Yogesh Rawal, Sister of the deceased, (2) Jayant

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Sister of the deceased, within four weeks from the date of uploading this Order. Applicants 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