Daisy Peter Ferreira v. Ranjeet Ramchand Chandi

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th January, 2025 CALLED FOR DIRECTION:

5.CHOL/23/2025 AMH20230010418C202400012 In TP/2953/2024 Mr. Pierre Fernandes i/b. Mr. Ivor Peter D'Cruz, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Neil Ramchand Chandi (Brother of the Deceased) by way of 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 "Navbharat Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 12th December, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as bachelor and the elder brother too had expired on 28th April, 1970 and the younger brother Neil R. Chandi nor any of his other relatives have ever looked after the deceased in his difficult days and hence he did not bequeath anything to his brothers and / or any of other living relatives. It is further stated that the Applicant not being a blood relative was unaware of the age and current address of one of the brother of the deceased viz. Neil Ramchand Chandi and hence inserted the ..2/-

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words "Not Known" in the age and address column respectively. The Applicant has therefore requested to permit him to publish the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" in vernacular language i.e. Hindi.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner.

5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as bachelor and the elder brother too had expired on 28th April, 1970 and the younger brother Neil R. Chandi nor any of his other relatives have ever looked after the deceased in his difficult days and hence he did not bequeath anything to his brothers and / or any of other living relatives. He further submits that the Applicant not being a blood relative was unaware of the age and current address of one of the brother of the deceased viz. Neil Ramchand Chandi and hence inserted the words "Not Known" in the age and address column respectively. He further prays that the Applicant be permitted to publish the Citation upon Neil Ramchand Chandi, brother of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" in vernacular language i.e. Hindi. He therefore prays that the Chamber ..3/-

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Order be allowed.

6.

For the reasons stated in Affidavit dated 12th December, 2024 annexed to the Chamber Order and averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat Times" in HIndi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 16.01.2025