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Bombay High CourtCHOL/134/2024disposed off

Sheila Madon Nee Sheila Rustum Savaksha v. Gool Rustom Savaksha Alias Gool Rustum Savaksha,

2024-04-10E.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 th April, 2024.

Date : 10 FOR DIRECTION :

Ms. Seema Hunnurkar & Associates, Advocate for Petitioner.

2.

CHOL/134/2024 In TP/3837/2023 P.C.: 1.

The present Chamber Order is taken out to serve the Citation upon Roxanne Percy Madon, married daughter 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 "Jam-e-Jamshed" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated 18th March, 2024 annexed to Chamber Order. In Para 3 and 4 of the said Affidavit, it is stated that the petitioner is not in contact with Roxanne Percy Madon. It is further stated that the citation sent to the said daughter of the deceased was returned by postal ...2/-

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authority with the remark " no such person in the address". It is also stated that the present address of the said legal heir viz. Roxanne Percy Madon is not known to the petitioner. Therefore, requested to permit the petitioner to publish the citation Citation in two newspapers viz. "Free Press Journal" in English Language and in "Jam-eJamshed" in vernacular language i.e. Gujarati.

4.

Perused the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the whereabouts of Roxanne Percy Madon legal heirs of the deceased is not known to the petitioner.

5.

Hence, for the reasons stated in Affidavit dated 18.03.2024 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 two newspapers viz. "Free Press Journal" in

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English Language and in ""Jam-eJamshed" in vernacular language i.e. Gujarati, 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.)/ 10.04.2024 Addl. Prothonotary and Senior Master