Jatin Virendra Damani v. Sushila Virendra Damani

43&46_IA2051_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2051 OF 2023 IN PETITION NO.1069 OF 2021 AND INTERIM APPLICATION (L) NO.16991 OF 2023 IN PETITION NO.1070 OF 2021 Jatin Virendra Damani ...

Applicant / Petitioner Sushila Virendra Damani ...

Deceased Ms. Sneha Vani Marjadi for Applicant / Petitioner. CORAM : MANISH PITALE, J.

DATE : JANUARY 24, 2024 P.C. :

.

In these two petitions filed for grant of letters of administration with Will pertaining to the deceased parents of the petitioner, the present applications have been moved for declaring that the widow and son of the brother of the petitioner have been duly served through e-mail and WhatsApp.

2.

It is brought to the notice of this Court that the deceased parents had three children i.e. two sons and one daughter. The petitioner is one of the sons, while the other son expired and his widow and son are residing in the United States of America (USA). The married daughter has given consent in the present petitions.

MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2024.01.25 13:16:28 +0530 3.

It is submitted that citations were to be served on the widow and son of the brother of the petitioner i.e. the other son of the deceased parents. The petitioner had requested them to forward their address 1/2

43&46_IA2051_23.doc where they are staying in USA. But, they refused to give details. As a consequence, the petitioner was constrained to serve the citations and the papers pertaining to the present petition by way of e-mail and WhatsApp. Copies of the e-mails dated 09.02.2022 are annexed to the applications and read receipts pertaining thereto dated 10.02.2022 are also annexed. Similarly, copies of the WhatsApp messages along with the citation and the papers pertaining to the petitions sent by the WhatsApp have been placed on record. The aforesaid documents indicate that the WhatsApp messages were also read by the recipient. 4.

In the peculiar facts and circumstances of the present case, this Court is satisfied that the aforesaid widow and son of the brother of the petitioner i.e. Ms. Harsha Jitendra Damani and Mr. Manthan Jitendra Damani have been duly served with the citations. 5.

The department shall now proceed in accordance with law on the basis that the citations have been indeed served in the aforesaid manner by the petitioner.

6.

The applications are disposed of.

(MANISH PITALE, J.) Minal Parab 2/2