Himansu Suryakant Gajjar v. Harivadan Chimanlal Gajjar

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

12. CHOL/ 337/2026 AMH20230049121C20260 ) ) ) Ms. Akshada Pawar i/by Prasad Sarvankar, Advocate for the Applicant / Petitioner.

IN TP /4560/2022 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon Jyoti Ashwin Mehta nee Jyoti Suryakant Gajjar, 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 "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, the citation sent for service upon the abovenamed legal heirs of the deceased through Sheriff of Bombay was returned by the postal authorities unserved and the bailiff has reported that, the building is under demolished. It is further stated that, the Applicant had made extensive inquiry about the other legal heirs about Jyoti Ashwin Mehta nee Jyoti Suryakant Gajjar with friends and relatives for whereabouts but the Applicant could not find out. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in

: 2 :

English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon the abovenamed legal heirs of the deceased through Sheriff of Bombay was returned by the postal authorities unserved and the bailiff has reported that, the building is under demolished. She further submits that, the Applicant had made extensive inquiry about the other legal heirs about Jyoti Ashwin Mehta nee Jyoti Suryakant Gajjar with friends and relatives for whereabouts but the Applicant could not find out. She further submits that, the affidavit of service dated 17th April, 2026 is on record. She, 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 "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai, by way of substituted service of citation upon Jyoti Ashwin Mehta nee Jyoti Suryakant Gajjar, granddaughter 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. 30.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk