Daksha Hasmukh Patel v. Late Dr Hasmukh Lavjibhai Patel

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

11. CHOL/ 388/2026 AMH20230052569C20260 ) ) ) Shri Prayag Joshi, Advocate for the Applicant / Petitioner.

IN TP/2526/2025 P.C.

By this Chamber Order, the Applicant seeks liberty to serve the citation upon Vimlaben Prakash Redij, one of the beneficiary under the Will 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, as per Will of the deceased the deceased had bequeathed various properties to the various legalities. It is further stated that, Vimlaben Prakash Redji is one of the legate and the citation sent for service through bailiff of Sheriff of Bombay could not be served and the same returned by the postal authorities with remark "left". The Applicant, therefore, prayed to permit him 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, as per Will of the deceased the deceased had bequeathed various properties to the various legalities. He further submits that, Vimlaben Prakash Redji is one of the legate and the citation sent for service through bailiff of Sheriff of Bombay could not be served and the same was returned by the postal authorities with remark "left". He further submits that, bailiff of Sheriff of Bombay has filed affidavit of service dated 17th April 2026. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused 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 Vimlaben Prakash Redij, one of the beneficiary of the deceased under the Will 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