Johan Patrick Fleury v. Jessie Rebello Alias Jessie Christopher Rebello - Deceased

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

FOR DIRECTION :

5.CHOL/63/2024 Ms. Prajakta Sapkal i/b. M/s. Divekar Bhagwat & Co., Advocate for the Petitioner.

In TP/4086/2023 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon (i) Irene Rosaline Rebello (Daugher-in-law), (ii) Sheldon Rebello (Grandson), (iii) Alison Rebello (Granddaughter) and (iv) Marilyn Rebello (Granddaughter) the legal heirs of Mr. Selwyn Kenye Rebllo, the deceased 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 "Nava Shakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit in support dated 3rd February,2024 annexed to ...2/-

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Chamber Order. In Para-4 of the said Affidavit, it is stated that the deceased had a son namely, Selwyn Keyne Rebello, who has pre-deceased the deceased on 2nd March 2014 leaving behind his wife Irene Rosaline Rebello, one son Sheldon and two daughters, namely, Alison Rebello and Marilyne Rebello as the only legal heir of the said Selwyn in para 5 of the affidavit it is stated that the wife of Mr. Selwyn has separated from him on January, 2003. It is further stated neither of them had visited the decease nor they come in touch with her approximately 16 years.

The petitioner has further stated in the affidavit in para 6 that neither the petitioner nor other family members of the deceased or aware of whereabouts of the heirs of said Selwyn Keyne Rebello.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of the legal ...3/-

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heirs of son of the deceased known to the Petitioner.

5.

Hence, for the reasons stated in Affidavit dated 03rd February, 2024 annexed to the Chamber order and averment made in Para-8 of 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 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