Sharadbhai Lad So Kalyanjibhai Mistry v. Urmila Kalyanji Lad
Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 7th May, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:
8. CHOL/ 245/2026 AMH20230041810C20260 ) ) ) Shri Anthony Fernandes i/by Shri Waquar Ahmad, Advocate for the Applicant / Petitioner.
IN TP /1094/2026 P.C.
By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Manoji Kalyanji Lad, son of the deceased; (2) Laxmikant Kalyanji Lad, son of the deceased, and (3) Shashikant Kalyanji Lad, son 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 four newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai and also "Sushila Times" in English Language and in "Janadesh" in vernacular language i.e. Gujarati, widely circulated in Surat, State of Gujarat. 3.
Perused the affidavit in support. The Applicant has stated in the affidavit that, the abovenamed (1) Manoji Kalyanji Lad; (2) Laxmikant Kalyanji Lad, and (3) Shashikant Kalyanji Lad, legal heirs are brothers of the Applicant and since the brothers are not in good terms from the last 20 years. It is further stated that, the Applicant was not able to find whereabouts of the abovenamed brothers. It is further stated that, they are not residing at the
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address mentioned in the Will and he had made inquiries with local acquaintances and persons known to the deceased during his lifetime but no details of the said sons of the deceased could be ascertained. It is further stated that, the inquiries have been made with the friends, relatives and neighbours about the address of the said sons but none of them were able to tell the whereabouts. The Applicant, therefore, requested to permit him to publish the citation in four newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai and also "Sushila Times" in English Language and in "Janadesh" in vernacular language i.e. Gujarati, widely circulated in Surat, State of Gujarat.
4.
Heard. Ld. Advocate for the Applicant submits that, the abovenamed (1) Manoji Kalyanji Lad; (2) Laxmikant Kalyanji Lad, and (3) Shashikant Kalyanji Lad, legal heirs are brothers of the Applicant and since the brothers are not in good terms from the last 20 years. He further submits that, the Applicant was not able to find whereabouts of the abovenamed brothers. It is further stated that, they are not residing at the address mentioned in the Will and he had made inquiries with local acquaintances and persons known to the deceased during his lifetime but no details of the said sons of the deceased could be ascertained. He further submits that, the inquiries have been made with the friends, relatives and neighbours about the address of the said sons but none of them were able to tell the whereabouts. 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.
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Applicant to publish the citation in four newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai and also "Sushila Times" in English Language and in "Janadesh" in vernacular language i.e. Gujarati, widely circulated in Surat, State of Gujarat, by way of substituted service of citation upon (1) Manoji Kalyanji Lad, son of the deceased; (2) Laxmikant Kalyanji Lad, son of the deceased, and (3) Shashikant Kalyanji Lad, son of the deceased within six 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. 07.05.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk