Remedian Widow O Roque Menezes v. Rosy Kinny Widow Of Vincent Kinny

ary Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th December, 2024 CALLED FOR DIRECTION:

3.CHOL/494/2024 (ECHCBM02155862024) in TP/1929/2018 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. R. L. Gonsalves, Advocate for the Applicant/ Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon (i) Melita Menezes d/o Donald Menezes, (ii) Jacqueline alias Sarika B. Sakpal and (iii) two daughters of Rudolf Baptista, the beneficiaries 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 "Nav Bharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit in support dated 30th July, 2024 annexed to Chamber Order. In the said Affidavit, it is stated that the deceased died as widow and was issueless and the Petitioner is not aware about some of the beneficiaries of the deceased as mentioned in paragraph Nos. 12, 13 and 15 of the last Will and Testament dated 23.04.2007.

4.

Perused Additional Affidavit dated 03.12.2024. In the said Affidavit, it is stated in the Petitioner had made inquiries about the whereabouts of the said beneficiaries however, despite several efforts, he was unable to find out ....2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the present postal address of the aforesaid beneficiaries. The Applicant therefore prayed for publication of Citation by way of substituted service upon the aforesaid beneficiaries of the deceased.

5.

Perused Para - 3 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioners.

6.

Heard. The Ld. Advocate for the Applicant submits that despite despite several efforts, he was unable to find out the present postal address of the aforesaid beneficiaries. The Applicant therefore prays that the Chamber Order be allowed.

7.

For the reasons stated in Affidavit in support dated 30.07.2024 and Additional Affidavit in support dated 03.12.2024 respectively annexed to the Chamber order and averment made in Para- 3 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Nav Bharat" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.12.2024