Hemant Babulal Shah v. Kamla Babulal Shah Alias Kamlaben Babulal Shah

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 4th December, 2025 CALLED FOR DIRECTION:

11.CHOL/ 638/2025 AMH20240128378C202500043 ) ) ) ) Ms. Neelima Kirve i/by Ganesh & Co., Advocate for the Applicant / Petitioner IN TP/2772/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Sangita Mayur Khanderia, married daughter 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 "Gujarat Samachar" in vernacular language i.e. Gujarati in Pune.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon Sangita Mayur Khanderia at her last known address, through the Sheriff of Bombay was returned back with a postal remark "the so called person does not reside at the given address presently, hence returning back". It is further stated that the Applicant does not know the whereabouts of the said married daughter of the deceased. The Applicant, therefore, requested to permit him to publish the citation by way of substituted service upon Sangita Mayur Khanderia, married daughter of the Deceased in two

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newspapers viz."Free Press Journal" in English language and in "Gujarat Samachar" in vernacular language i.e. Gujarati in Pune. 4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon Sangita Mayur Khanderia at her last known address, through the Sheriff of Bombay was returned back with a postal remark "the so called person does not reside at the given address presently, hence returning back". He further submits that the Applicant does not know the whereabouts of the said married daughter of the deceased. 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. "Free Press Journal" in English language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, by way of substituted service upon Sangita Mayur Khanderia, married daughter 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