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Bombay High CourtCHOL/62/2024disposed off

Maria Francis Faria v. Mary Alphonso Deceased

2024-03-12E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

Sah Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 12 th March, 2024.

FOR DIRECTION :

4. CHOL/62/2024 Mr. Ramesh Gupta, Advocate for the Petitioner.

In TP/2532/2023 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon all concerned 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 "Nava Shakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 25th January, 2024 annexed to Chamber Order. In Para-1 of the said Affidavit, it is stated that the a deceased died as issueless. It is further stated that the husband of the deceased Mr. John Alphonso separated from deceased ...2/-

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since 35 years ago and since, then the deceased have no contact with her husband. It is further stated that the petitioner is not aware about the deceased's husband had any brother or sister. A petitioner had further stated that the petitioner had never come across any family member of the husband of the deceased. In Para-2 of the Affidavit, the Petitioner had stated that she is not aware about whereabouts of the husband of the deceased and therefore, requested to publish all concerend Citation in newspapers in Free Press in English Language and Nava Shakti in vernacular Language i.e. Marathi as the whereabouts of the heirs of the deceased are not known to the Petitioner.

4.

Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the legal heirs of the deceased which are not ...3/-

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known to the Petitioner.

5.

Hence, for the reasons stated in Affidavit dated 25th January, 2024 annexed to the Chamber order and averment made in the Petition, 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 Journal" and one in "Nava Shakti" in Marathi newspaper in 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.)/ 12.03.2024 Addl. Prothonotary and Senior Master