Asmita Arvind Kasalkar v. Sunita Rajaram Mangaonkar

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 67 OF 2016 IN TESTAMENTARY PETITION NO. 1150 OF 2010 Asmita Arvind Kasalkar

...Petitioner

Versus

Sunita Rajaram Mangaonkar

...Respondent

Mr. Anil D'Souza, for the Petitioner.

Ms. Martina Sapkal, i/b M/s.

Arun Sapkal & Co., for the Respondent.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

By consent, the Miscellaneous Petition is made absolute. Letters of Administration granted in Testamentary Petition No. 1150 of 2010 are revoked. The Testamentary Petition is restored to file.

2.

The learned Advocate for the Respondent will file her vakalatnama in both the Miscellaneous Petition and in the Testamentary Petition on or before Friday, 21st October 2016. She will then make an application for necessary amendment to the Testamentary Petition showing the revocation Petitioner, Asmita

Arvind Kasalkar as one of the heirs of the deceased. Service will be issued thereafter.

3.

The learned Advocate now appearing for the Respondent has a problem in the sense that her instructions are that everything in this matter was done by the builder of the SRA Project. It was the builder who arranged for legal representation and to get the Letters of Administration. The Respondent herself was completely unaware of any of this. This is why she consents to the revocation of the grant.

4.

The other consequence is that the Advocate for the Respondent does not have copies of any of the papers. She will be at liberty to obtain a photocopy of the Miscellaneous Petition as also the Testamentary Petition from the Registry upon filing a praecipe for that purpose. It is clarified that it is not necessary to obtain a certified copy. Mr. D'Souza for the revocation Petitioner will assist and will furnish such copies as are available with him. 5.

It is clarified that the Respondent states that the original grant is also not with her and cannot be deposited. This is noted. 6.

The Ad-interim order dated 30th September 2016 will continue till further orders. The grant of Letters of Administration is not to be acted upon by any party including M/s. Siroya Builders. 7.

The Miscellaneous Petition is disposed of in these terms with no order as to costs.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)