Joan Anaclette Gonsalves v. Felicia Babasaheb Shaikh Alias Felicia B Shaikh

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 5th March, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

11. CHOL/ 103/2026 AMH20210048029C20260 ) ) ) Shri Paras Jadhav i/by Kanhaiya Yadav, Advocate for the Applicant / Petitioner.

IN TP /5216/2025 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Mavis Stephen D'Silva, Sister of the deceased; (2) Everest Philip Varel, brother of the deceased; (3) Delfina Fidelis Varel, Sister of the deceased; (4) Smith Fidelis Varel, nephew of the deceased; (5) Samson Fidelis Varel, nephew of the deceased; (6) Marina Joeboy Varel, sister in law of the deceased; (7) Yvette Trawlyn Gonsalves, niece of the deceased; (8) Methidda Charlie Pias, sister of the deceased; (9) Leanus Philip Varel, brother of the deceased; (10) Sandra Sadashiv Nair, sister of the deceased; and (11) Violet Felise D'mello, sister 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 "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai and in the State of Maharashtra.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the present residential addresses and

: 2 :

whereabouts of the above-named legal heirs of the deceased are not known to him or to other closed family members. It is further stated, that the said heirs have not maintained any contact, correspondence or communication with the Applicant or call any other known relatives. It is further stated that, the Applicant has made inquiries with several and closed and distant relatives of the family to ascertain where they had any knowledge of the present residence or contact details of the said heirs but the Applicant was informed that, none of them had any communication or information about the said heirs for several years.

It is further stated that, he had personally visited the last known address where the said legal heirs are residing but he was informed that, the said building has been demolished long back and occupants had vacated the premises prior to demolishing. 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 and in the State of Maharashtra.

4.

Heard. Ld. Advocate for the Applicant submits that, the present residential addresses and whereabouts of the above-named legal heirs of the deceased are not known to the Applicant or to other closed family members. He further submits that, the said heirs have not maintained any contact, correspondence or communication with the Applicant or call any other known relatives. It is further stated that, the Applicant has made enquiries with several and closed and distant relatives of the family to ascertain where they had any knowledge of the present residence or contact details of the said heirs but the Applicant was informed that, none of them had

: 3 :

any communication or information about the said heirs for several years. He further submits that, the Applicant had personally visited the last known address where the said legal heirs are residing but he was informed that, the said building has been demolished long back and occupants had vacated the premises prior to demolishing. 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 and in State of Maharashtra, by way of substituted service of citation upon abovenamed legal heirs 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. 05.03.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk