Ivor D Souza S O Peter D Souza Alias Ivor Valentine Dsouza v. George Peter Dsouza Alias George Peter D Souza Alias George Dsouza (Deceased)

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 2nd April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

13. CHOL/ 221/2026 AMH20230017959C20260 ) ) ) Shri Anand Tiwari i/by Manoj Mane, Advocate for the Applicant / Petitioner.

IN TP /5898/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Jacintha D'Souza, widow 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 "Yashobhumi" in vernacular language i.e. Hindi, widely circulated in Mumbai and Thane. 3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as issueless and parents, grandparents and great grandparents of the deceased have predeceased the deceased. It is further stated that, the deceased was survived by his widow and one brother only. It is further stated that, the wife of the deceased is living separately since last 16 years and her whereabouts is not known to the Applicant. It is further stated that, he had made search for the whereabouts of the said widow of the deceased from family friends and relatives to despite due and diligent search, the Petitioner could not find the same. The Applicant, therefore, requested to permit him to publish the citation

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in two newspapers viz. "Free Press Journal" in English Language and in "Yashobhumi" in vernacular language i.e. Hindi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as issueless and parents, grandparents and great grandparents of the deceased have predeceased the deceased. He further submits that, the deceased was survived by his widow and one brother only. He further submits that, the wife of the deceased is living separately since last 16 years and her whereabouts is not known to the Applicant. He further submits that, the Applicant had made search for the whereabouts of the said widow of the deceased from family friends and relatives to despite due and diligent search, the Petitioner could not find the same. He, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 4 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 "Yashobhumi" in vernacular language i.e. Hindi, widely circulated in Mumbai, by way of substituted service of citation upon Jacintha D'Souza, widow 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. 02.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk