Rajesh Premji Chheda v. Maniben Premji Chheda The Deceased

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 30th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

11. CHOL/ 331/2026 AMH20230026312C20260 ) ) ) Shri Vinayak Palande, Advocate for the Applicant / Petitioner.

IN TP /6114/2024 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Dipesh Talakshi Sethia, grandson of the deceased, (2) Bhavana Talakshi Sethia, grand-daughter of the deceased, (3) Alpha N. Maru, grand-daughter of the deceased, (4) Bobby P. Gala, grand-daughter of the deceased and (5) Chandan Jagdish Gangar, married daughter 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. "Active Times" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and District Palghar. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon abovenamed legal heirs of the deceased at her last known address at Nalasopara, through the bailiff of Sheriff of Bombay could not be served. It is further stated that, the latest address of the legal heirs of the deceased are not known and the Applicant had carried out

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diligent search but could not find the whereabouts of the abovenamed legal heirs of the deceased. The Applicants, therefore, requested to permit them to publish the citation in two newspapers viz. "Active Times" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and District Palghar.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon abovenamed legal heirs of the deceased through the bailiff of Sheriff of Bombay could not be served. He further submits that, the latest address of the legal heirs of the deceased are not known and the Applicant had carried out diligent search but could not find the whereabouts of the abovenamed legal heirs of the deceased. He further submits that, affidavit of service dated 17th April, 2022 is on record. 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. "Active Times" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati, widely circulated in Mumbai and District Palghar., by way of substituted service of citation upon 1) Dipesh Talakshi Sethia, grandson of the deceased, (2) Bhavana Talakshi Sethia, grand-daughter of the deceased, (3) Alpha N. Maru, granddaughter of the deceased, (4) Bobby P. Gala, grand-daughter of the deceased and (5) Chandan Jagdish Gangar, married 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.

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6.

Registry is directed to issue fresh citation, if required. 30.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk