Dinyar Firoz Sutaria v. Aloo Rusi Dubash

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 18th December, 2025 CALLED FOR DIRECTION:

6. CHOL/ 643/2025 AMH20240129191C20250 ) ) ) Ms. Juilee Ghadge, Advocate for the Applicant / Petitioner.

IN TP /4278/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the Citation upon ALL CONCERNED legal heirs 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 "Jam-e-Jamshed" in vernacular language i.e. Gujarati.

3.

Perused the affidavit in support. The Applicants have stated in the affidavit that, the deceased died as widow and issueless and the parents of the deceased also predeceased the deceased. It is further stated that, the names and whereabouts of the legal heirs of the deceased from her paternal side are not known and Applicants had tried to search the names and whereabouts of the said legal heirs from relatives and family friends, but despite due and diligent search they could not find the said legal heirs. The Applicants, therefore, requested to permit them to publish the citation by way of service upon ALL CONCERNED legal heirs of the

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deceased, in two newspapers viz."Free Press Journal" in English language and in "Jam-e-Jamshed" in vernacular language i.e. Gujarati widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicants submits that, the deceased died as widow and issueless and the parents of the deceased also predeceased the deceased. She further submits that, the names and whereabouts of the legal heirs of the deceased from her paternal side are not known and Applicants had tried to search the names and whereabouts of the said legal heirs from relatives and family friends, but despite due and diligent search they could not find the said legal heirs. She, 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 "Jam-e-Jamshed" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service upon ALL CONCERNED 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. 18.12.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk