Kirit Dahyalal Shah v. Moti Dadlaney Son Of Nichaldas Dadlaney @ Moti Nichaldas Dadlaney @ Motiram Nichadas Dadlaney (Dece
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 808 OF 2023 WITH TESTAMENTARY PETITION NO. 3107 WITH CAVEAT (L) No. 6585 OF 2022 WITH WILL NO. 1276 OF 2021 WITH CAVEAT (L) 16866 OF 2021 IN TESTAMENTARY PETITION NO. 3107 OF 2021 Sunanda Daji Zinjurte ...Applicant In the matter between Moti Nichaladas Dadlaney alias Motiram @ Moti Nichldas Dadlaney ...Deceased Daji Krishna Zinjurte
...Petitioner
WITH TESTAMENTARY PETITION NO. 1289 OF 2020 WITH CHAMBER ORDER NO. 182 OF 2022 WITH CAVEAT (L) No. 24615 OF 2021 WITH WILL NO. 528 OF 2020 IN TESTAMENTARY PETITION NO. 1289 OF 2020 A.B.Kakde 1/4
Motiram @ Moti Nichldas Dadlaney ...Deceased Kirit Dahyalal Shah
...Petitioner
--- Mr. Jeetendra Ranawat a/w. Waquar Ahmad i/by Waquar Ahmad in IA/808/2023 and Petitioner in TP/3107/2021.
Mr. D R Mishra for Caveator in TP/3107/2021 and Petitioner in TP/1289/2020. --- CORAM : ARIF S. DOCTOR, J.
DATE : 1 st March, 2023 P.C. :
1.
The present Interim Application has been filed by the Applicant seeking substitution in place and stead of the Petitioner. The Petitioner passed away on 24 th March, 2022. There is no objection to this Application. The present Interim Application No. 808 of 2023 is therefore allowed in terms of prayer clause (a) which reads as under:- (a) That this Hon'ble Court may be pleased to substitute the name of the Petitioner with Applicant's name as Petitioner by carrying out the amendment to the above petition, as per Schedule annexed herewith; ) 2.
The amendment is directed to be carried out forthwith. In view of the fact that the Petitioner was the sole executor and beneficiary of the deceased A.B.Kakde 2/4
one Moti Nichaladas Dadlaney, the Testamentary Petition will now have to be converted from the Petition for Letter of Administration with the copy of the Will annexed. Office to therefore accordingly convert and treat Testamentary Petition No. 3107 of 2021 as a Petition for Letters of Administration with a copy of the will annexed.
3.
Parties submit that they have entered into Consent Terms dated 1 st March, 2023 by which all disputes and differences between the parties in these proceedings have been resolved. The Consent Terms are tendered in the Court and have been duly signed by the Petitioner, Caveator and also by their respective Advocates. Parties are today present in Court. The Petitioner confirms that the she is aware of the content of the Consent Terms and the same has been read over and explained to her in Marathi by her Advocate. Consent Terms are taken on record and marked 'X' for identification. 4.
Caveat (L) No. 6585 of 2022 is disposed of in terms of the Consent. 5.
In view of above, Caveat (L) 16866 OF 2021 is also stands discharged.
A.B.Kakde 3/4
6.
Testamentary Petition No. 1289 of 2020 is also dismissed as withdrawn.
7.
Refund of Court fees, if any, as per rules.
8.
Caveat (L) No. 24615 of 2021 and Chamber Order No. 182 of 2022 in Testamentary Petition No. 1289 of 2020 are also therefore, dismissed as withdrawn.
9.
Office to expedite the grant of the Letters of Administration, subject to the Petitioner's complying with all necessary requisitions raised by the Department.
(ARIF S. DOCTOR, J) A.B.Kakde 4/4