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Bombay High CourtCHOL/15/2024disposed off

Ms Cheryl Andrea Maria Desouza v. Peter Anthony Desouza Alias P. A, D Souza ...Deceased

2024-01-25S. R. Paranjpe,Addl Reg(Os)/Addl Protho Sr Master3 pages

msm Before : Shri S.R. Paranjpe, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 25 th January, 2024.

FOR DIRECTION :

6. CHOL/15/2024 Ms. Priscilla Samuel, Advocate for the Applicant / Petitioner.

In TP/4620/2022 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon the legal heirs of the deceased (Peter Anthony Desouza alias P. A. Desouza) viz. Nora Dsouza (Grand daughter of the deceased), Mildred Desouza (Grand daughter of the deceased) and Gerard Desouza (Grand son of the deceased) by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navashakti" in vernacular language i.e.

Marathi.

3.

Perused the Affidavit dated ..2/-

: 2 :

th January, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the as per the objection raised by the Registry the Citations are required to be issued on the above mentioned legal heirs. However, the Petitioner is not aware the whereabouts as well as exact address of the above legal heirs.

4.

Perused Para-5 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses are not known to the Petitioner.

5.

Hence, for the reasons stated in Affidavit dated 16th January, 2024 annexed to the Chamber order, averment made in Para-5 and for compliance of the objections raised by the Registry, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done one in English newspaper in "Free Press ..3/-

: 3 :

Journal" and one in "Navashakti" in Marathi newspaper vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7.

Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.)/ 25.01.2024 Addl. Prothonotary and Senior Master