Satish Chimanlal Shah v. Himanshu Chimanlal Shah And ORS

11-IA709-2021 IN TS88-2016.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 709 OF 2021 IN TESTAMENTARY SUIT NO. 88 OF 2016 Satish Chimanlal Shah ...Plaintif

Versus

Himanshu Chimanlal Shah & Ors ...Defendants Mr AS Pal, WITH Siddharth Mehta, i/b Siddharth Mehta, for the Applicant/Original Plaintif oo o Mr Anjal Amin, i/b B Amin & Coo, for Defendant oo o CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 9th April 2021 PC:- 1.

Heard through video conferencing.

2.

The original Plaintif No. 2 has passed away. The Petition is for Letters of Administration (de bonis non with probated will annexed) of the property and credits of one Chimanlal Pranjivandas Shah. There is a delay that I am condoning although it is considerable. Citations will need to be issued to the heirs and legal representatives of the original 2nd Plaintif. 9th April 2021

11-IA709-2021 IN TS88-2016.DOC 3.

The undertaking to produce a Consent Afdavit of the legal heirs of the original 2nd Plaintif (since deceased) is dispensed with. The 1st Plaintif is released from the commitment to produce that Consent Afdavit. It appears that the heirs of the deceased 2nd Plaintif are not willing to consent.

4.

Subject to these observations and directions, the Interim Application is made absolute in terms of prayer clauses (a), (b) and (c).

5.

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

(G. S. PATEL, J) 9th April 2021