Yezdi Minocher Daruvala v. Homai Dinshawji Vandrewalla

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 8th June, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

2. CHOL/ 186/2026 AMH20240128228C20260 ) ) ) ) Ms. Annie Cardoz i/by Dave & Co., Advocate for the Applicant / Petitioner.

IN TP/5437/2025 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 "Gujarat Samachar" 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 had not left behind any legal heirs or next of kin falling under Schedule II Part I and II. It is further stated that, the Applicant be permitted to publish the citation by way of substituted service upon unknown heirs 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 "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, the deceased had not left behind any legal heirs or next of kin. She further submits that, parents of the deceased predeceased the deceased and deceased died as spinster. She further submits that, the sisters of the deceased has also deceased and there are no other surviving legal heirs of the deceased save and except the Petitioner. She further submits that, the Applicant be permitted to publish the citation by way of substituted service upon unknown heirs 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 "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation 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. 08.06.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk