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Bombay High CourtCHOL/612/2025disposed off

Haridarshan Bhupendra Padia v. Late Usha Kunjvihari Machhar

2025-12-22E.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: 22nd December, 2025 CALLED FOR DIRECTION:

2.CHOL/ 612/2025 AMH20230028513C202500003 ) ) ) Shri Meet Shah i/by Kiran Shah for the Applicant / Petitioner IN TP/318/2024 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Ms. Rashmi Kantilal Mamtora, niece of the deceased, (2) Mr. Harsukh Narayandas Garach, nephew of the deceased (3) Mr. Ratan Narayandas Garach, nephew of the deceased (4) Mrs. Hansa Jayantilal Chudgar, niece of the deceased,

(5) Mrs. Lata Dilipkumar Chudgar, niece of the deceased, (6) Mrs. Aruna Himanshu Chattbar, niece of the deceased and (7) Mrs. Aarti Pal, niece 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 "Gujarati Mid Day" in vernacular language i.e. Gujarati.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the Applicant had made diligent search for getting the addresses of the abovenamed legal heirs of the deceased, but none have been found. The Applicant, therefore, requested to permit him to publish the citation by way of substituted service upon (1) Ms. Rashmi Kantilal Mamtora (2) Mr. Harsukh

: 2 :

Narayandas Garach (3) Mr. Ratan Narayandas Garach (4) Mrs. Hansa Jayantilal Chudgar (5) Mrs. Lata Dilipkumar Chudgar (6) Mrs. Aruna Himanshu Chattbar and (7) Mrs. Aarti Pal, legal heirs of the deceased, in two newspapers viz."Active Times" in English language and in "Gujarati Mid Day" in vernacular language i.e. Gujarati widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicants submits that, the parents of the deceased predeceased the deceased and parents of husband also predeceased the deceased. The deceased had no son and daughter. He further submits that, the Applicants had made diligent search for getting the addresses of the abovenamed legal heirs of the deceased, but none have been found. He, therefore, prays that the Chamber Order be allowed.

5.

Perused para 9B 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. "Active Times" in English language and in "Gujarati Mid Day" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service upon abovenamed 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. 22.12.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk