Salim Ali Mohd Shaikh v. Mariyam Bee Abdul Sattar Abbas

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 4th May, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

10. CHOL/ 311/2026 AMH20240128529C20260 ) ) ) Ms. Bhakti Patil i/by Prabhu Velar, Advocate for the Applicant / Petitioner.

IN TP /5560/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Raziya Shaikh nee Rakhi Pal, granddaughter 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 "Urdu Times Daily" in vernacular language i.e. Urdu, widely circulated in State of Maharashtra. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the whereabouts of the abovenamed legal heirs grand-daughter of the deceased and her whereabouts were not known to the Applicant. It is further stated that, the Applicant tried to search whereabouts of the said legal heirs of the deceased from neighbors and family friends but he could not find the same. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Urdu Times Daily" in vernacular language i.e. Urdu, widely circulated in State of Maharashtra.

: 2 :

4.

Heard. Ld. Advocate for the Applicant submits that, the whereabouts of the abovenamed legal heirs grand-daughter of the deceased and her whereabouts were not known to the Applicant. She further submits that, the Applicant tried to search whereabouts of the said legal heirs of the deceased from neighbors and family friends but he could not find the same. She further submits that, Nitu Birendra Pal nee Sugra Abdul Sattar, daughter of the deceased since deceased, the deceased died on 23rd February 2025. She further submits that, the said daughter of the deceased had one daughter whose whereabouts are not known to the Applicant / Petitioner. She further submits that, he had tried to search but could not find out her whereabouts. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 4(a) 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 "Urdu Times Daily" in vernacular language i.e. Urdu, widely circulated in State of Maharashtra, by way of substituted service of citation upon Raziya Shaikh nee Rakhi Pal, grand-daughter 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. 04.05.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk