Kamal Daujee Taparia v. Queenie Mary Melville Miranda Alias Queenie Miranda Alias Queeinie Mary Melville Miranda Alias Queen

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th April, 2025 CALLED FOR DIRECTION:

Ms. Achala Hatode, Advocate for Applicant.

(AMH20230011720C202 500025) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (l) Malcolm Joseph D'Souza, (nephew of the deceased),

(2) Shalini D'Souza, (niece of the deceased),

(3) Savio Keith Fernandez (nephew of the deceased) and (4) All Concerned (legal heirs of Carmo Anthony D'Souza, brother of the deceased) by way of substituted service as per Schedule annexed to this Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in "Free Press Journal" in English Language and in "Navshakti" newspaper in Marathi language, having wide circulation in Mumbai, Maharashtra.

3.

Perused the Affidavit dated 26th March 2025 and the additional affidavit dated 22.04.2025 annexed to Chamber Order. It is stated in the said affidavit that the applicant/petitioner is not aware of the address of (l) Malcolm Joseph D'Souza, (nephew of the deceased), (2)

Contd.. ..2/- Shalini D'Souza, (niece of the deceased), and (3) Savio Keith Fernandez (nephew of the deceased). It is further stated that the citation sent through the Sheriff of Bombay for service upon the above named legal heirs of the deceased have been returned unserved. The Bailiff has filed the affidavit of service 22.04.2025. The Applicant further states that the applicant intends to publish citation upon "All Concerned" (legal heirs of Carmo Anthony D'Souza, brother of the deceased) but the same could not be served as the premises found locked. It is further stated that the applicant has made diligent search but he could not find whereabouts of the above name legal heirs of the deceased. The Applicant therefore requested to permit him to publish the Citation in "Free Press Journal" in English Language and in "Navshakti" newspaper in Marathi language, having wide circulation in Mumbai, Maharashtra.

(AMH20230011720C20 2500025) 4.

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.

5.

Heard. The Ld. Advocate for the Applicant submits that the applicant/petitioner is not aware of the address of (l) Malcolm Joseph D'Souza, (nephew of the deceased), (2) Shalini D'Souza, (niece of the deceased), and (3)

Contd.. ..3/- Savio Keith Fernandez (nephew of the deceased). She further submits that the citation sent through the Sheriff of Bombay for service upon the above named legal heirs of the deceased have been returned unserved and the Bailiff has filed the affidavit of service 22.04.2025. She further submits that the Applicant further states that the applicant intends to publish citation upon "All Concerned" (legal heirs of Carmo Anthony D'Souza, brother of the deceased). She, therefore, prays that the Chamber Order be allowed.

(AMH20230011720C20 2500025) 6.

For the reasons stated in Affidavit dated 26th March 2025 and the additional affidavit dated 22.04.2025 annexed to the Chamber order and averment made in Para.8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz.

English Newspaper in "Free Press Journal"

in English Language and in "Navshakti"

newspaper in Marathi language, having wide circulation in Mumbai, Maharashtra 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 29.04.2025