Bharti Shantilal Tank v. Valiben Khengar Rathod

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 16th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

3. CHOL/ 731/2025 AMH20230051802C20250 ) ) ) Smt. Minal Doshi, Advocate for the Applicant / Petitioner.

IN TP /161/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Shantabai Murar Parmar, (2) Narmada Narasi Solanki, (3) Laxmi Heeraji Chouhan, Married Daughters 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 "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the affidavits that, parents of the deceased and husband of the deceased predeceased the deceased. The deceased had Shantabai Murar Parmar, one of the daughters had predeceased the deceased and died as widow. It is further stated that, she is not aware of the whereabouts of the legal heirs of the deceased as they are not in contacts with the Applicant after the death of the husband of the deceased. It is further stated that, in the additional affidavit that, her sisters viz. Laxmi Heeraji Chouhan,

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Narmada Narasi Solanki and Shantabai Murar Parmar were residing in the remote area of Maharashtra and they were not in contact either with Applicant or with the deceased late Valiben Khenaar Rathod. It is further stated that, after the death of her husband Khengar Gangaji Rathod in the year 1982, the deceased came to Mumbai and residing with the Applicant. It is further stated that, the above-named legal heirs of the deceased were continued to reside with the Applicant until the death of her mother and none of the family members of any of her sisters were contacted her mother. It is further stated that, there are no other surviving relatives in the family who can provided any information or whereabouts of the deceased sisters or their heirs. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, parents of the deceased and husband of the deceased predeceased the deceased. The deceased had Shantabai Murar Parmar, one of the daughters had predeceased the deceased and died as widow. She further submits that, the Applicant is not aware of the whereabouts of the legal heirs of the deceased as they are not in contacts with the Applicant after the death of the husband of the deceased. She further submits that, in the additional affidavit that, her sisters viz. Laxmi Heeraji Chouhan, Narmada Narasi Solanki and Shantabai Murar Parmar were residing in the remote area of Maharashtra and they were not in contact either with Applicant or with the deceased late Valiben Khenaar Rathod. It is further stated that, after the death of her husband Khengar Gangaji Rathod in the year 1982, the

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deceased came to Mumbai and residing with the Applicant. She further submits that, the above-named legal heirs of the deceased were continued to reside with the Applicant until the death of her mother and none of the family members of any of her sisters were contacted her mother. She further submits that, there are no other surviving relatives in the family who can provided any information or whereabouts of the deceased sisters or their heirs. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 of the Petition. For the reasons mentioned in the affidavit in support and additional affidavit the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon

(1) Shantabai Murar Parmar, (2) Narmada Narasi Solanki, (3) Laxmi Heeraji Chouhan, Married Daughters 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. 16.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk