Shernevaz Adi Kapadia v. Pervin Homi Kanga

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

17. CHOL/ 327/2026 AMH20240127475C20260 ) ) ) Shri Nandkishor Supal i/by Divya Shah Associates, Advocate for the Applicant / Petitioner. IN TP /1920/2026 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 two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and Navsari, State of Gujarat.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as spinster and parents of the deceased predeceased the deceased. It is further stated that, the deceased do not have any other legal heirs. It is further submitted that, the deceased was born at Navsari, State of Gujarat. It is further stated that, the deceased has made diligent inquiry to ascertain the details and whereabouts of the deceased parents, however, despite efforts the Applicant could not trace any heirs of the deceased. The Applicant, therefore, requested to permit

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him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai. 4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as spinster and parents of the deceased predeceased the deceased. He further submits that, the deceased do not have any other legal heirs. He further submits that, the deceased was born at Navsari, State of Gujarat. He further submits that, the deceased has made diligent inquiry to ascertain the details and whereabouts of the deceased parents, however, despite efforts the Applicant could not trace any heirs of the deceased. He further submits that, the Applicant, be permitted him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and Navsari, State of Gujarat. 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. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and Navsari, State of Gujarat, by way of substituted service of citation upon ALL CONCERNED, legal heirs of the deceased within four 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