Sanjay Jain v. Akshendra K. Jain (Deceased)

34-JOT60-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION JUDGE'S ORDER NO. 60 OF 2018 IN TESTAMENTARY PETITION NO. 240 OF 2017 Sanjay Jain

...Petitioner

And Akshendra K Jain ...Deceased Mr Pravin Samdani, Senior Advocate, with Nivit Srivastava, & Sneha Patil, i/b Maniar Srivastava Associates, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

23rd April 2018 PC:- 1.

On 12th April 2018 I passed an order allowing the Judge's Order but subject to obtaining a Consent Affidavit of one of the other siblings, Aruna. She has filed an Affidavit dated 20th April 2018 and, as permitted by my previous order, annexed to this an email and an attachment that she has received from Ajay Jain, who is a brother of the parties. In this attachment, Ajay Jain has also consented to the sale of the flat in question and that the proceeds of the flat be given to the Petitioner. Aruna too, in her Affidavit, has agreed to this. Annexed to the Affidavit filed by Aruna is also a second consent at Exhibit "B" from Sushma Jain, the other sister.

23rd April 2018

34-JOT60-18.DOC 2.

The Additional Affidavit filed by Aruna is taken on record. I am now informed that the Registry has objected to the Judge's Order saying that it is not in an 'appropriate form'. I do not know what this means, and it makes little difference in view of the order already passed.

3.

I am signing the Judge's Order as is. If the Registry requires any supplementary Judge's Order or modification to the present order, it will obtain directions separately in chambers. 4.

Filing of the inventory of the flat is dispensed with. (G. S. PATEL, J) 23rd April 2018