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Bombay High CourtCHOL/98/2024disposed off

Jasmine Dsouza v. Elizabeth Dsouza

2024-04-04E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th April, 2024 CALLED FOR DIRECTION:

7. CHOL/98/2024 (ECHCBM02043992024) IN TP/2892/2023 Mr. B. G. Saraf A/w. Mr. Suyash Kalbhor, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mr. Jacob Francis D'souza 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 "Navshakti" in vernacular language i.e.

Marathi.

3. Perused the Affidavit dated 15th February 2024 annexed to Chamber Order.

In Para- 2 of the said Affidavit, it is stated that the citation sent to Jacob Francis D'souza brother of the deceased, was returned by the postal authorities with the remark "left". It is further stated that the deceased died as spinster.

4.

In Para 2, of the Affidavit the petitioner has sought permission to serve citation upon aforesaid legal heir of the deceased by way of substitute service by publication of citation in local newspapers one in "Free Press Journal" in English Language and in "Navshakti" in vernacular

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) language i.e. Marathi.

5.

Perused the Petition. It is mentioned and confirmed in Para 8, that the averment made in the Affidavit in respect of the next of kin of the deceased, whose addresses or not known to the Petitioner.

6.

Hence, for the reasons stated in Affidavit dated 15th February 2024 annexed to the Chamber order and averment made in the Petition, the present Chamber Order is granted, and the same is signed separately.

7.

Publication of Citation to be done one in English newspaper in "Free Press Journal"

and one in "Navshakti" 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.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.04.2024