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Bombay High CourtCHOL/131/2024disposed off

Arlene Dsouza v. Arnold Carvalho

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:

13. CHOL/131/2024 (ECHCBM02061752024) IN TS/66/2019 Mr. Jeffrey Joseph a/w. Sanjay Sinha, Adv. for the Petitioner.

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

1. The present Chamber Order is taken out to serve the Citation upon Ms. Leonila Gomes, neice 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 20th March 2024 annexed to Chamber Order. In Para5 of the said Affidavit, it is stated that the citation sent through the Sheriff of Mumbai to Ms. Leonila Gomes, neice of the deceased, and it was reported by the Baliff that the said legal heir was not found at the address and on making inquiry, it was informed to him that her whereabouts are not known.

4.

In Para 6, it is stated that the Petitioner has taken out the present Chamber Order for permission to publish the citation in two 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 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 20th March 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 in English newspaper in "Free Press Journal"

and 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