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Bombay High CourtCHOL/175/2025disposed off

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

2025-05-09E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 09th May, 2025 MENTIONED, NOT ON BOARD :

01.CHOL/175/2025 Ms. Achala Hatode, Advocate for Applicant.

(AMH20230011720C202500025) IN TP/4308/2024 P. C. :

1. By this Praecipe dated 9th May, 2025, the Ld. Advocate for the Applicant applies for Speaking to Minutes of Order dated 29th April, 2025.

2. In Para-1, line No.7, the name of "Carmo Anthony D'Souza" is written instead of "Joseph Michael D'Souza". The said error stands corrected in the order dated 29th April, 2025.

3. There are certain corrections in Para No.3. The Para No.3 is corrected as under :

"Para No. 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) and (2) Shalini D'Souza, (niece of the deceased). It is further stated that the applicant has made diligent search but he could not find whereabouts of the above named legal heirs of the deceased. It is further stated that the citation sent to Savio Keith Fernandez (nephew of the deceased) through the Sheriff of Bombay for ..2/-

: 2 :

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 (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 by way of substituted service. The Applicant therefore requested to permit him to publish the Citation in the newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in Marathi language, having wide circulation in Mumbai, Maharashtra."

4. There are certain corrections in Para No.5. The Para No.5 is corrected as under :

"Para No. 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) and (2) Shalini D'Souza, (niece of the deceased). She further submits that the applicant has made diligent search but he could not find whereabouts of the above named legal heirs of the deceased. The Ld. Advocate further submits that the citation sent to Savio Keith Fernandez (nephew of the deceased) 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. The Ld. Advocate further submits that the applicant intends to publish 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 by way of ..3/-

: 3 :

substituted service. The Ld. Advocate for the Applicant therefore requested to permit him to publish the Citation in the newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in Marathi language, having wide circulation in Mumbai, Maharashtra." She, therefore, prays that the Chamber Order be allowed."

5. The Order dated 29th April, 2025 stands corrected accordingly.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.05.2025