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Bombay High CourtNMT/13/2015disposed off

Avni Vinay Shah v. Piyushkumar Chimanlal Shah

2016-06-10Hon'Ble Shri Justice G.S. Patel2 pages

13-TP1389-11.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 13 OF 2015 IN TESTAMENTARY PETITION NO. 1389 OF 2011 Piyushkumar Chimanlal Shah ...Deceased And Mrs. Avni Vinay Shah

...Petitioner

Versus

Mrs. Ketki Damji Visariya ...Executor Mrs. Sharmista D. Gandhi, for the Petitioner. Ms. Leena Shah, i/b Shah & Furia Associates, for the Executor.

CORAM: G.S. PATEL, J DATED:

10th June 2016 PC:- 1.

Ms. Leena Shah, who appears for the Executor appointed under the Will, viz., one Ms. Ketki Damji Visariya, states that the Executor wishes to renounce executorship and refuses to act as an Executor. The statement is noted and accepted. The reasons why the Executor declines to act are immaterial, nor am I required to note these.

2.

The only Caveat was filed by the executor Ms. Ketki Visariya. She has no caveatable interest. The Caveat is discharged. The 10th June 2016

13-TP1389-11.DOC Motion is made absolute in these terms with no order as to costs. Petition to proceed as an uncontested Petition. 3.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 10th June 2016