Neeta Hitesh Gala v. Jayantilal Alias Jayantilal Maganlal Modi

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 7th May, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

9. CHOL/ 289/2026 AMH20230016066C20260 ) ) ) Ms. Ruchi Shrivastava i/by Vaishnavi Kamble, Advocate for the Applicant / Petitioner.

IN TP /5814/2025 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 four newspapers viz. "Active Times" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and in " Times of India" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, Amreli Edition, widely circulated in Bhavnagar, State of Gujarat.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased was married to Kalawati Jayantilal Modi and there was no child born out of said wedlock and deceased did not adopt any child during his lifetime. It is further stated that, the wife of the deceased predeceased the deceased and the Applicant is not aware of any legal heirs of the deceased except his wife. It is further stated that, the Applicant is also not aware of

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native place of the deceased and / or any heirs residing at native place. The Applicant, therefore, requested to permit her to publish the citation in four newspapers viz. "Active Times" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and in " Times of India" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, Amreli Edition, widely circulated in Bhavnagar, State of Gujarat.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased was married to Kalawati Jayantilal Modi and there was no child born out of said wedlock and deceased did not adopt any child during his lifetime. She further submits that, the wife of the deceased predeceased the deceased and the Applicant is not aware of any legal heirs of the deceased except his wife. She further submits that, the Applicant is also not aware of native place of the deceased and / or any heirs residing at native place. She further submits that native place of the deceased at Bhavnager, State of Gujarat. She, therefore, prays that, the Chamber Order be allowed and circulation in Mumbai as well as Bhavnagar, in the State of Gujarat.

5.

Perused the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in four newspapers viz. "Active Times" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and in " Times of India" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, Amreli Edition, widely circulated in Bhavnagar, State of Gujarat, by way of substituted service of citation upon ALL

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CONCERNED 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