Michael Miranda v. Hyacinth Anthony Miranda (Deceased)

54-IA-2152-2020 IN TP-1263-2015.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2152 OF 2020 IN TESTAMENTARY PETITION NO. 1263 OF 2015 Michael Miranda

...Petitioner

Hyacinth Anthony Miranda ...Deceased Mrs Vijaya Ingule, i/b Sean Wassoodew, for the Applicant.

CORAM:G.S. PATEL, J DATED: 17th September 2021 PC:- INTERIM APPLICATION NO. 2152 OF 2020 IN TESTAMENTARY PETITION NO. 1263 OF 2015:

1.

The Petition has been pending since 2015. It was dismissed for default and then restored. Citations were privately served. There Digitally signed by ARUN RAMCHNDRA SANKPAL Date:

2021.09.18 15:09:10 +0530 is a solitary Caveat but it is delayed. There is apparently no Interim ARUN RAMCHNDRA SANKPAL Application to condone the delay in filing Caveat. The Defendants are absent today.

2.

The present Interim Application No. 2152 of 2020 is misconceived. It seeks an expedited hearing and a peremptory date. 17th September 2021

54-IA-2152-2020 IN TP-1263-2015.DOC That cannot be done. First the Caveat will have to be taken up. It will have to be seen whether the Caveat is or is not within time. If it is within time, then the Testamentary Petition will be renumbered as a Testamentary Suit, issues will be framed and directions passed for filing Evidence Affidavit. If the Caveat is out of time, and is to be rejected, then the Testamentary Petition will simply proceed as an uncontested one.

3.

The present Interim Application is totally unnecessary and is disposed of as infructuous.

TESTAMENTARY PETITION NO. 1263 OF 2015:

4.

List the Testamentary Petition for appropriate directions on 1st October 2021.

5.

copy of this order.

(G. S. PATEL, J) 17th September 2021