Viloo Sam Hathikhanawala Alias Hathikhanawala Viloo Sam v. Firoz Ardeshir Italia Alias Italiya Phiroj Alias Piloo Ardeshir Italia Alias Firoze A Italia

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 2nd April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

5. CHOL/ 207/2026 AMH20250003689C20260 ) ) ) Shri Siddharth Desai i/by Sagar Sabale, Advocate for the Applicant / Petitioner.

IN TP /9/2026 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon ALL CONCERNED 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 died as bachelor and parents and grandparents of the deceased are predeceased the deceased. It is further stated that, the deceased had one brother viz. Pesi Ardeser Italia died as bachelor on 8th May, 1999 and his Sister Dhun Faramroze Mavji died as issueless on 10th September 2008. It is further stated that, the Applicant had tried to find out the relatives of the deceased but could not find and he is not aware about any relatives 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

: 2 :

Samachar" in vernacular language i.e. Gujarati, widely circulated inMumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as bachelor and parents and grandparents of the deceased are predeceased the deceased. He further submits that, the deceased had one brother viz. Pesi Ardeser Italia died as bachelor on 8th May, 1999 and his Sister Dhun Faramroze Mavji died as issueless on 10th September 2008. He further submits that, the Applicant had tried to find out the relatives of the deceased but could not find and he is not aware about any relatives of the deceased. He, 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 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. 02.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk