Freny Minoo Mukadam v. Kamal Behramji Taraporewala Alias Kamal Bearamji Taraporewala

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 8th June, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

6. CHOL/ 372/2026 AMH20240128228C20260 ) ) ) Ms. Annie Cardoz i/by Dave & Co., Advocate for the Applicant / Petitioner.

IN TP /670/2025 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 "Gujarat Samachar" 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 deceased died as spinster and her parents predeceased the deceased and deceased has not left behind any known legal heirs. It is further stated that, there are no known legal heirs upon whom the citation is required to be served and in compliance with Rules 397 and 400 of the Bombay High Court Original Side Rules, 1980, the citation is required to be published. The Applicant, therefore, prayed to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as spinster and her parents predeceased the deceased and deceased has not left behind any known legal heirs. She further submits that, there are no known legal heirs upon whom the citation is required to be served as per Bombay High Court Original Side Rules, 1980. She, 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 "Gujarat Samachar" in vernacular language i.e. Gujarati, widely circulated in Mumbai, 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.

6.

Registry is directed to issue fresh citation, if required. 08.06.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk