Maruti Raghunath Mhaskar v. Alice Monica Maisie Rebello

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August, 2025 CALLED FOR DIRECTION:

10.CHOL/394/2025 AMH20240131949C202500021 In TP/2090/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shirish P. Mathkar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all concerned 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 Shakti" in vernacular language i.e. Marathi. 3.

Perused the Affidavit dated 17th July, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased had three sons viz. 1) Orpheus Stanislaus Rebello, 2) Giles Wilson Rebello and

3) Damscene Joseph Rebello, all of whom have died as a Bachelor. The Applicant has further stated that the deceased had no daughter and no other son and no brother and sister. It is further stated that the Applicant is not aware of any legal heir/s left by the deceased and the Applicant had made enquiry at relevant places to find out whereabouts of the legal heirs of the deceased but could trace out their names or whereabouts. The Applicant therefore requested to permit him to serve the Citation upon all concerned by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4.

Perused Para-9 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 deceased had three sons viz. 1) Orpheus Stanislaus Rebello, 2) Giles Wilson Rebello and 3) Damscene Joseph Rebello, all of whom have died as a Bachelor. He further submits that the deceased had no daughter and no other son and no brother and sister and the Applicant is not aware of any legal heir/s left by the deceased and the Applicant had made enquiry at relevant places to find out whereabouts of the legal heirs of the deceased but could trace out their names or whereabouts. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 17th July, 2025 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and

(2) "Nav Shakti" 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 14.08.2025