Mrs Uma Bhadrasen Barmukh (Since Deceased) v. Dhaval Bhadrasen Barmukh And ANR And Mrs Durga Sunil Petkar And ANR (Applicant)

ppn 1 7.cst-60.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.60 OF 2017 IN TESTAMENTARY PETITION NO.384 OF 2004 Mrs.Uma Bhadrasen Barmukh (since deceased) ..

Petitioner And Mrs.Durga Sunil Petkar & Anr.

..

Applicants Vs.

Dhaval Bhadrasen Barmukh & Anr.

..

Respondents --- Mr.A.R. Bapat for the applicant.

Mr.R.N. Sharma for the respondent no.1.

--- CORAM : R.D. DHANUKA, J.

DATE : 11th July 2017 P.C. :

.

Mr.Bapat, learned counsel for the applicant states that both the respondents are served and he has already filed affidavit of service. None appears for the respondent no.2.

2.

Learned counsel for the respondent no.1 states that his client has no objection if the reliefs as prayed by the applicant in the chamber summons are granted subject to his right to file caveat and affidavit in support of the caveat. Statement is accepted. 3.

Mr.Bapat, learned counsel for the applicant states that citation would be served upon all the heirs and next of kin of the deceased who are already cited in the Testamentary Petition No.384 of 2004. As and when the citation are served upon them including the

ppn 2 7.cst-60.17.doc respondent no.1, caveat as well as affidavit in support of caveat can be filed by them.

4.

The chamber summons is accordingly made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within four weeks from today. No order as to costs.

R.D. DHANUKA, J.