Ruaisha Alias Ruiaisha Mohammad Saleha Shaikh v. Late Banubee Kadar Shaikh

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 12th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

8. CHOL/ 168/2026 AMH20240130523C20260 ) ) ) Ms. Srushti Chalke, Advocate for the Applicant / Petitioner.

IN TP/484/2026 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Firoz Abdul Kadar Shaikh, Son of the deceased; (2) Almaz Abdul Kadar Shaikh, 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. "Business Standard" in English Language and in "Navbharat" in vernacular language i.e. Hindi.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the whereabouts of Firoz Abdul Kadar Shaikh, son of the deceased is not known to the Applicant as he left the house 8-9 years back. It is further stated that, the citation also could not be served upon Almaz Abdul Kadar Shaikh, daughter of the deceased, as she had left the house after 7-8 years of her marriage outside the family and severed or relation and contact with the family and her whereabouts are not known. It is further stated that, despite diligent efforts she could not find out the present whereabouts of the abovenamed legal heirs. She, therefore,

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requested to permit her to serve the citation by way of substituted service by publishing in two newspapers viz. "Business Standard" in English Language and in "Navbharat" in vernacular language i.e. Hindi.

4.

Heard. Ld. Advocate for the Applicant submits that, the whereabouts of Firoz Abdul Kadar Shaikh, son of the deceased is not known to the Applicant as he had left the house 8-9 years back. She further submits that, the citation also could not be served upon Almaz Abdul Kadar Shaikh, daughter of the deceased, as she had left the house after 7-8 years of her marriage outside the family and severed or relation and contact with the family and her whereabouts are not known. She further submits that, despite diligent efforts she could not find out the present whereabouts of the abovenamed legal heirs. She, therefore, prays that, the Chamber Order be allowed. 5.

Perused para 4 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. "Business Standard" 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) Firoz Abdul Kadar Shaikh, Son of the deceased and (2) Almaz Abdul Kadar Shaikh, 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. 12.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk