Melwyn Dsilva Son Of Joseph Benadict Dsilva v. Cecilia D Silva Wife Of Joseph D Silva

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th March, 2025 CALLED FOR DIRECTION:

4.CHOL/92/2025 AMH20230033039C202400016 In TP/1878/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Saima Sothe, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Sylvia Robin and (2) Blanche Agnes D'Silva (Daughters 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 13th August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon (1) Sylvia Robin and

(2) Blanche Agnes D'Silva (Daughters of the deceased) have been returned by the Postal Authorities with a remark "Unclaimed" and "Unclaimed and door locked intimation posted" respectively. The Bailiff has also filed an Affidavit of Service dated 17th May, 2024. It is further stated that the above named legal heirs of the deceased are trying to evade service of Citations. The Applicant therefore requested to permit him to publish the Citation upon (1) Sylvia Robin and (2) Blanche Agnes D'Silva (Daughters of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

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 Citation sent for service upon (1) Sylvia Robin and

(2) Blanche Agnes D'Silva (Daughters of the deceased) have been returned by the Postal Authorities with a remark "Unclaimed" and "Unclaimed and door locked intimation posted" respectively and the Bailiff has also filed an Affidavit of Service dated 17th May, 2024. She further submits that the above named legal heirs of the deceased are trying to evade service of Citations. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 13th August, 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.

11.03.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master