Gabriel Freddy Robert Adam v. Francisco Libano

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 5th February, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

8. CHOL/ 51/2026 AMH20230020342C20250 ) ) ) Shri Bharat Thorat, Advocate for the Applicant / Petitioner.

IN TP /259/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Joao Alrao Libano, brother of the deceased, (2) Angelica (Angela) Remedios E Fernandes, niece of the deceased, (3) Jop Remedios alias Gonsalo Remedios, nephew of the deceased, (4) Lucy Lobe E. Remedios, niece of the deceased, (5) Joe (Joseph) Remedios, nephew of the deceased, (6) Rozita (Rosita) Pereira, niece of the deceased and (7) Anthony Remedio, nephew of the deceased, by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Asli Azadi" in vernacular language i.e. Hindi, widely circulated in Daman.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon legal heirs of the Deceased (1) Joao Alrao Libano, (2) Angelica (Angela) Remedios E Fernandes, (3) Jop Remedios alias Gonsalo Remedios,

(4) Lucy Lobe E. Remedios, (5) Joe (Joseph) Remedios, (6) Rozita (Rosita) Pereira, and (7) Anthony Remedio, through the bailiff

: 2 :

returned unserved with remark "Left". It is further stated that, the affidavit of service filed by the bailiff dated 15th August 2025 is on record. It is further stated that, inspite of making due diligent search the Applicant could not be ascertained the present address of the above-named legal heirs of the deceased. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Asli Azadi" in vernacular language i.e. Hindi, widely circulated in Daman as per schedule annexed to the Chamber Order.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon legal heirs of the Deceased (1) Joao Alrao Libano, (2) Angelica (Angela) Remedios E Fernandes, (3) Jop Remedios alias Gonsalo Remedios, (4) Lucy Lobe E. Remedios, (5) Joe (Joseph) Remedios, (6) Rozita (Rosita) Pereira, and (7) Anthony Remedio, through the bailiff returned unserved with remark "Left". He further submits that, the affidavit of service filed by the bailiff dated 15th August 2025 is on record. He further submits that, inspite of making due diligent search the Applicant could not be ascertained the present address of the above-named legal heirs of the deceased. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 7 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Asli Azadi" in vernacular language i.e. Hindi, widely circulated in Daman, by way of substituted service of citation upon (1) Joao Alrao Libano, (2) Angelica (Angela) Remedios E. Fernandes, (3) Jop Remedios alias

: 3 :

Gonsalo Remedios, (4) Lucy Lobe E. Remedios, (5) Joe (Joseph) Remedios, (6) Rozita (Rosita) Pereira, and (7) Anthony Remedio, of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 05.02.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk