Bharat Rajpati Kanojia v. Rajpati Raviprasad Kanojia

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

10. CHOL/ 308/2026 AMH20240129266C20260 ) ) ) Ms. Chhaya Asher, Advocate for the Applicant / Petitioner.

IN TP /983/2025 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Chandravati Vijaykumar Kanojia, daughter in law of the deceased; (2) Mohit Vijaykumar Kanojia, grandson of the deceased; (3) Ranjit Vijaykumar Kanojia, grandson of the deceased and (4) Ashish Vijaykumar Kanojia, grandson 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 "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai and Thane District. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation was sent for service upon (1) Chandravati Vijaykumar Kanojia; (2) Mohit Vijaykumar Kanojia; (3) Ranjit Vijaykumar Kanojia, and (4) Ashish Vijaykumar Kanojia, legal heirs of the deceased through bailiff could not be served and bailiff has filed affidavit of service dated 22nd September 2025. The Applicant, therefore, requested to permit him to publish the citation

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in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai and Thane District.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation was sent for service upon (1) Chandravati Vijaykumar Kanojia; (2) Mohit Vijaykumar Kanojia; (3) Ranjit Vijaykumar Kanojia, and (4) Ashish Vijaykumar Kanojia, legal heirs of the deceased through bailiff could not be served and bailiff has filed affidavit of service dated 22nd September 2025. She further submits that, Shri Vijaykumar Rajput Kanojia, son of the deceased expired. She further submits that, the citation sent for service upon the wife and sons of the abovenamed son of deceased have been returned back with remark "address not found". She, 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 "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai and Thane District, by way of substituted service of citation upon (1) Chandravati Vijaykumar Kanojia, daughter in law of the deceased; (2) Mohit Vijaykumar Kanojia, grandson of the deceased; (3) Ranjit Vijaykumar Kanojia, grandson of the deceased and (4) Ashish Vijaykumar Kanojia, grandson 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.

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6.

Registry is directed to issue fresh citation, if required. 07.05.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk