John Raymond Pereira v. John Anthony Pereira (Decased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st November, 2024 CALLED FOR DIRECTION:

1.CHOL/440/2024 In TP/337/2018 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash Kalbhor, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Felix John Pereira (Son 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 2nd July, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the address of Felix John Pereira is not known. It is further stated that the Petitioner has made enquiry to various relatives and family friends but no one knows his whereabouts and hence unable trace him.

The Applicant / Petitioner in his Additional Affidavit dated 22nd October, 2024 has stated that the said Felix John Pereira left the house after a fight within the family members over a family dispute in the year-2012 and has not returned back to home. He, therefore, prayed for permission to serve the Citation upon him by publication.

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

4.

Perused the Petition. In Para-4 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 address of Felix John Pereira is not known to the Applicant and he had made enquiry to various relatives and family friends but no one knows his whereabouts and hence unable trace him. He further submits that the said Felix John Pereira left the house after a fight within the family members over a family dispute in the year-2012 and has not returned back to home. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 2nd July, 2024 annexed to the Chamber order and averment made in Para-4 of the Petition, the present Chamber order is granted, and the same is signed separately. 6.

Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within six 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.

21.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master