Jennifer Margaret Fernandes v. Jakina Maria Sampayo

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 24th November, 2025 CALLED FOR DIRECTION:

5.CHOL/ 601/2025 AMH20240005426C202500264 ) ) ) ) Shri Atish Mahade i/by B.G. Saraf, Advocate for the Applicant / Petitioner IN TP/794/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Eleasha Sampayo, granddaughter of the deceased (daughter of Jeffrey Sampayo, son of 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 that, citation sent for service upon the Eleasha Sampayo, granddaughter of the deceased (daughter of Jeffrey Sampayo, son of deceased) through the Sheriff of Bombay was returned with remark "door locked / unclaimed" and the Bailiff of Sheriff of Bombay filed an affidavit of service dated 14th November 2025. The Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, citation sent for service upon the Eleasha Sampayo, granddaughter of the deceased (daughter of Jeffrey Sampayo, son of deceased) through the Sheriff of Bombay was returned with remark "door locked / unclaimed" and the Bailiff of Sheriff of Bombay filed an affidavit of service dated 14th November 2025. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 8 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 "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service of citation upon Eleasha Sampayo, granddaughter of the deceased (daughter of Jeffrey Sampayo, son of 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. 24.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk