Innocent Annunciation Dsouza v. Annunciation John Dsouza The Deceased

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th January, 2025 CALLED FOR DIRECTION:

2.CHOL/559/2024 In TP/3657/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vinayak Palande, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mrs. Joan Rajkumar Karanje Nee Mrs. Joan Annunciation D'Souza (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 "Navshakti" in vernacular language i.e. Marathi. 3.

The Ld. Advocate for the Applicant / Petitioner submits that the Additional Affidavit could not be filed. He further submits that the Additional Affidavit ready and seeks time file the same during the course of the day. Perused the Affidavit dated 9th October, 2024 and Additional Affidavit dated 6th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the daughter of the deceased is not known to the Applicant and her address also not available. It is further stated that the Applicant / Petitioner had made diligent search but she could not be found and her whereabouts is not known. The Applicant has further stated in the Additional Affidavit that her sister has been missing since 13th March, 2008 and unable to contact her. The Applicant therefore requested to permit her to publish the Citation upon Mrs. Joan Rajkumar Karanje Nee ..2/-

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

Mrs. Joan Annunciation D'Souza (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Heard. The Ld. Advocate for the Applicant submits that the daughter of the deceased is not known to the Applicant and her address also not available. He further submits that the Applicant / Petitioner had made diligent search but she could not be found and her whereabouts is not known. He therefore prays that the Chamber Order be allowed.

5.

Perused Para-8 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. Petitioner is directed to file the Additional Affidavit during the course of the day.

6.

For the reasons stated in Affidavit dated 9th October, 2024 and Additional Affidavit dated 6th January, 2025 annexed to the Chamber order and averment made in Para-8 of the Petition, the present Chamber order is allowed. Petitioner is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.01.2025