Rupesh Mahendrabhai Patel And Rajesh Mahendrabhai Patel v. Diptiben S Patel

34-IA622-21-IN-TP407-20.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 622 OF 2021 IN TESTAMENTARY PETITION NO. 407 OF 2020 Rupresh Mahendrabhai Patel & Rajesh Mahendrabhai Patel

...Petitioners

Versus

Diptiben S Patel

...Respondent

Ms Laxmi Mankar, for the Petitioners/Applicants. CORAM:G.S. PATEL, J (Through Video Conferencing) DATED: 8th April 2021 PC:- 1.

Heard through video conferencing.

2.

The Interim Application seeks to dispense with the requisition of providing surety justifying the one-fifth share of Diptiben Patel, one of the heirs of the deceased. 3.

The undertaking in paragraph 11 of the Interim Application is accepted as an undertaking to the Court that Diptiben Patel will be given her one-fifth share in the estate and that an Affidavit to that effect will be filed demonstrating payment.

8th April 2021

34-IA622-21-IN-TP407-20.DOC 4.

In view of this undertaking being accepted, the Interim Application is allowed in terms of prayer clauses (a) and (b) and the requirement of justifying surety is dispensed with. 5.

All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) 8th April 2021