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Bombay High CourtCST/83/2018disposed off

Pandurang Kisan Shikare v. Shrirang Kisan Shikare And Ramdas Pandurang Shirke And 5 ORS. (Applicants)

2018-12-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

15-cst83-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.83 OF 2018 IN TESTAMENTARY SUIT NO.7 OF 2017 IN TESTAMENTARY PETITION NO.1870 OF 2014 Ramdas P. Shikare ...Applicant

IN THE MATTER BETWEEN :

Pandurang K. Shikare ...Plaintiff V/s.

Shreerang K. Shikare ...Defendant And Ramdas P. Shikare & Ors.

...Proposed

...Petitioners

Mr.Mohit Darji I/b Mr.O.R. Tiwari for the Applicants. None for the Defendant.

CORAM : R.D. DHANUKA, J.

DATE : 18TH DECEMBER, 2018.

P.C. :- 1.

By this chamber summons, the applicants seek their impleadment in place of the original petitioner, who died on 23rd January, 2018 leaving behind the applicant nos.1 to 6 as the sole legal heirs and next of kin. The chamber summons has been filed in the testamentary petition seeking Letters of Administration. 2.

In my view, the applicants have made out a case for 1/2

15-cst83-18.doc impleadment of the applicant nos.1 to 6 in terms of prayer clause (a) and (b). The amendment to be carried out within two weeks from today. The amended copy of the plaint shall be served upon the defendant's advocate within one week from the date of carrying out amendment.

3.

The chamber summons is made absolute in aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2