Rasila Pratap Shah Alias Rasila Prataprai Shah v. Pratap Nyalchand Shah Alias Prataprai Shah

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

14. CHOL/ 317/2026 AMH20230044656C20260 ) ) ) Shri Miraj Bharapuria, Advocate for the Applicant / Petitioner.

IN TP /5775/2025 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Dimple Parag Shah, Daughter-in-law of the deceased, (2) Karan Parag Shah, and (3) Mehaan Parag Shah, Grandsons 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 "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, son of the deceased predeceased the deceased. It is further stated that, the deceased died on 14th March, 2025, the Petitioner /Applicant is not aware about the whereabouts of the Dimple Parag Shah, being Daughter-in-law, Karan Parag Shah and Mehaan Parag Shah, grandsons of the deceased. It is further stated that, the citation were sent for service upon abovenamed legal heirs of the deceased through the Sheriff of Bombay has been returned with remarks "Addressee Left without instructions". The

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Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, son of the deceased predeceased the deceased. He further submits that, the deceased died on 14th March, 2025. He further submits that, the Petitioner /Applicant is not aware about the whereabouts of the Dimple Parag Shah, being Daughter-in-law, Karan Parag Shah and Mehaan Parag Shah, grandsons of the deceased. He further submits that, the citation were sent for service upon abovenamed legal heirs of the deceased through the Sheriff of Bombay has been returned with remarks "Addressee Left without instructions". He further submits that, bailiff of Sheriff of Bombay filed affidavit of service dated 27th February 2026 to that effect. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 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 "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon (1) Dimple Parag Shah, Daughter-in-law of the deceased, (2) Karan Parag Shah, and (3) Mehaan Parag Shah, Grandsons 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. 27.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk