← Library
Bombay High CourtCHOL/595/2025disposed off

Kalpana Udeshi, v. Mavjee Purushotam

2025-11-20E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 20th November, 2025 CALLED FOR DIRECTION:

9.CHOL/ 595/2025 AMH20240005426C202500245 ) ) ) Shri Suyash Kalbhor i/by B.G. Saraf, Advocate for the Applicant / Petitioner IN TP/1365/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Mansi Vinaykumar and (2) Tanvi Vinaykumar, Granddaughters 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 or Mumbai 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 personal service through the bailiff upon the (1) Mansi Vinaykumar and (2) Tanvi Vinaykumar, granddaughters of the deceased could not be served as the premises were found locked. It is further stated that, upon making enquiry it was informed that, the said premises have remained locked for the past several years and he has no knowledge of or acquittance with the said legal heirs. It is further stated that, despite inquiries made with the relatives of the deceased regarding the present whereabouts of the abovenamed legal heirs, no further

: 2 :

details or information could be ascertained. 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. Gujarathi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for personal service through the bailiff upon the (1) Mansi Vinaykumar and (2) Tanvi Vinaykumar, granddaughters of the deceased could not be served as the premises were found locked. He further submits that, upon making enquiry it was informed that, the said premises have remained locked for the past several years and he has no knowledge of or acquittance with the said legal heirs. He further submits that, despite inquiries made with the relatives of the deceased regarding the present whereabouts of the abovenamed legal heirs, no further details or information could be ascertained. 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 newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon (1) Mansi Vinaykumar (2) Tanvi Vinaykumar, granddaughters 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.

: 3 :

6.

Registry is directed to issue fresh citation, if required. 20.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk