Melba Ralph Miranda v. Denis Leslie Dmello

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 16th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

4. CHOL/ 185/2026 AMH20230040503C20260 ) ) ) ) Shri Deven Jogdeo, Advocate for the Applicant / Petitioner.

IN TP/6495/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Karen Rao, niece of the deceased, (2) Clyde D'Mello, Nephew of the deceased and (3) Arlene D'Souza, niece of the deceased, (legal heirs of late Thais D'Mellow brother 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.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as bachelor and during his lifetime she had taken care of the deceased. It is further stated that, she is not aware of the whereabouts of the legal heirs of late Thais D'Mellow, brother of the deceased. The Applicant, therefore, requested to permit her 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, the deceased died as bachelor and during his lifetime he had taken care of the deceased. He further submits that, the Applicant is not aware of the whereabouts of the legal heirs of late Thais D'Mellow, brother of the deceased. 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 (1) Karen Rao, niece of the deceased, (2) Clyde D'Mello, Nephew of the deceased and (3) Arlene D'Souza, niece of the deceased, (legal heirs of late Thais D'Mellow brother 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. 16.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk