Kenny Thomas S O Kochitty Thomas v. Elizabeth Mathews Daughter Of A K Mathews

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

8. CHOL/ 232/2026 AMH2024012927C202600 ) ) ) Ms. Bhakti Patil i/by Seema Hunnurkar & Associates, Advocate for the Applicant / Petitioner. IN TP /3987/2024 P.C.

By this Chamber Order, the Applicant seeks permission to serve the citation upon (1) Saramma Samuel and (2) Samuel Jones, Attesting Witnesses 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 "Kerala Kaumudi" in vernacular language i.e. Malayalam, widely circulated in State of Maharashtra and Kerala.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, (1) Saramma Samuel and (2) Samuel Jones were signed Will of the deceased as an Attesting Witnesses but their whereabouts are not known to the Applicant despite making diligent efforts to trace them. It is further stated that, the letter sent to both the Attesting Witnesses at their last known address it was returned by the postal department that, Saramma Samuel with remark "Deceased' but the packets sent to Samuel Jones was returned with remarked address not found. The

: 2 :

Applicant, therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Kerala Kaumudi" in vernacular language i.e. Malayalam, widely circulated in State of Maharashtra and Kerala. 4.

Heard. Ld. Advocate for the Applicant submits that, (1) Saramma Samuel and (2) Samuel Jones were signed Will of the deceased as an Attesting Witnesses but their whereabouts are not known to the Applicant despite making diligent efforts to trace them. It is further stated that, the letter sent to both the Attesting Witnesses at their last known address it was returned by the postal department that, Saramma Samuel with remark "Deceased' but the packets sent to Samuel Jones was returned with remarked address not found. She, therefore, prays that, the Chamber Order be allowed.

5.

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 "Kerala Kaumudi" in vernacular language i.e. Malayalam, widely circulated in State of Maharashtra and Kerala, by way of substituted service of citation upon (1) Saramma Samuel and (2) Samuel Jones, Attesting Witnesses of the deceased within six 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. 27.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk