Sudhirbhai R Shah v. Pushpaben Shantilal Shah Alias Pushpa Shantilal Shah

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 30th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

12. CHOL/ 201/2026 AMH20230016013C20260 ) ) ) Shri Sagar Gala i/by Rajesh Chheda, Advocate for the Applicant / Petitioner.

IN TP /3509/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Preeti Ketan Dave, 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. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, Preeti Ketan Dave has left the last known address is mentioned in the Petition and her 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 and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, Preeti Ketan Dave has left the last known address is mentioned in the Petition and her whereabouts are not known to the Petitioner.

: 2 :

He further submits that, the citation sent for service through bailiff of Sheriff of Bombay could not be served upon her at the last known address and it was informed by the watchman of the Society that Preeti Ketan Dave left the premises six years before and not aware of her present whereabouts. He further submits that, bailiff has filed report dated 22nd December 2025 alongwith affidavit of service dated 6th January 2026. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 7 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 "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon Preeti Ketan Dave, 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. 30.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk