Ramesh Asharam Mishra And Lokesh Asharam Mishra v. Asharam Mahavir Mishra

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

5. CHOL/ 129/2026 AMH20240128782C20260 ) ) ) Shri Jayant Wani, Advocate for the Applicant / Petitioner.

IN TP /3533/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Kamladevi Asharam Mishra, Widow of the deceased and (2) Kusum Devi Pandey, Daughtr 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 "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service through Sheriff of Bombay upon Kamladevi Asharam Mishra could not be served as the premises was demolished for redevelopment. It is further stated that, the Applicant had made enquiry with the shops occupants but it was informed that all residence were shifted to other place and whereabouts are not known to the Petitioner. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language

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and in "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service through Sheriff of Bombay upon Kamladevi Asharam Mishra could not be served as the premises was demolished for redevelopment. He further submits that, the Applicant had made inquiry with the shops occupants but it was informed that all residence were shifted to other place and whereabouts are not known to the Petitioner. He further submits that, bailiff of Sheriff of Bombay has filed affidavit of service dated 29th November 2025 to that effect. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 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 "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai, by way of substituted service of citation upon (1) Kamladevi Asharam Mishra, Widow of the deceased and (2) Kusum Devi Pandey, 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. 26.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk