Christopher Pierre Desouza v. Eileen Desouza Alias Eileen Zuzarte Deceased

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 3rd November, 2025 CALLED FOR DIRECTION:

11.CHOL/ 541/2025 AMH20230024831C202500004 ) ) ) Ms. Niyomi Jariwala i/by Priscilla Samuel, Advocate for the Applicants / Petitioner IN TP/1862/2023 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Ms. Nora Desouza, Niece of the deceased, (2) Ms. Mildred Desouza, Niece of the deceased and (3) Mr. Gerard Desouza, 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 "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, (1) Ms. Nora Desouza, Niece of the deceased, (2) Ms. Mildred Desouza, Niece of the deceased and (3) Mr. Gerard Desouza, Nephew of the deceased, but he is not aware of the whereabouts of the abovenamed 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 "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

: 2 :

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as issueless and parents of the deceased are predeceased. She further submits that, the Applicant is not aware of the whereabouts of (1) Ms. Nora Desouza, Niece of the deceased,

(2) Ms. Mildred Desouza, Niece of the deceased and (3) Mr. Gerard Desouza, Nephew of the deceased. She, therefore, prays that the Chamber Order be allowed.

5.

Perused the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed and the same is signed separately. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi widely circulated in Mumbai, by way of substituted service of citation upon (1) Ms. Nora Desouza, Niece of the deceased, (2) Ms. Mildred Desouza, Niece of the deceased and (3) Mr. Gerard Desouza, Nephew 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. 03.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk