Hema Chanakya Mistry Alias Hemlata Haridas Naik v. Haridas Madhavlal Naik

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

8. CHOL/ 378/2026 AMH20230020651C20260 ) ) ) Ms. Pushpa Thapa, Advocate for the Applicant / Petitioner.

IN TP /4061/2024 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Jignasa Naik, daughter in law of the deceased, (2) Alakh Naik and (3) Krish Naik, 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, the parents of the deceased predeceased the deceased and Yogesh Haridas Naik, son of the deceased has expired on 1st February, 2025. It is further stated that, the citation sent for service through Sheriff of Bombay upon son of the deceased and legal heirs of the another son late Yogesh Haridas Naik have been returned unserved. The Applicant, therefore, prayed 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.

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4.

Heard. Ld. Advocate for the Applicant submits that, Yogesh Haridas Naik has expired on 1st February, 2025 and the citation sent for service through bailiff of Sheriff of Bombay upon (1) Jignasa Naik, daughter in law of the deceased, (2) Alakh Naik, and

(3) Krish Naik, grandson of the deceased unserved. She further submits that, bailiff has filed affidavit of service dated 4th May 2026. She, therefore, prays that, the Chamber Order be allowed. 5.

Perused para 4 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) Jignasa Naik, daughter in law of the deceased,

(2) Alakh Naik, and (3) Krish Naik, grandsons 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