Nilesh Talakshi Shah v. Kesarben Premji Shah

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 26th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

4. CHOL/ 116/2026 AMH20240131862C20260 ) ) ) Ms. Sapna Sharma a/w Shri Gaurav Anchan i/by K Ashar & Co., Advocate for the Applicant / Petitioner.

IN TP /5253/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Late Popat Lavji Shah, brother-in-law 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 "Janmbhoomi" 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 deceased died as issueless and husband of the deceased, parents of the deceased and parents of the husband of the deceased were predeceased the deceased. It is further stated that, there are no legal heirs of the deceased falling within the clause-I of the Hindu Succession Act. It is further stated that, the Applicant had made efforts to find out the whereabouts and contact details of the other legal heirs of the husband of the deceased and despite efforts he could not find out the whereabouts of the legal heirs of the husband of the deceased. The Applicant,

therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as issueless and husband of the deceased, parents of the deceased and parents of the husband of the deceased were predeceased the deceased. She further submits that, there are no legal heirs of the deceased falling within the clause-I of the Hindu Succession Act. She further submits that, the Applicant had made efforts to find out the whereabouts and contact details of the other legal heirs of the husband of the deceased and despite efforts he could not find out the whereabouts of the legal heirs of the husband of the deceased. 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 newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon Late Popat Lavji Shah, brotherin-law 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. 26.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk