Shikshantadnya Ma Laxmikant Baburao Chandragiri And Danshur Shikshantadnya Smt Sharayu B Chandragir v. Mrs Sharayu Baburao Chandragir......Deceased

21.tp.944.2015==.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 944 OF 2015 Mrs.Sharayu Baburao Chandragiri .. Deceased Shikshantadnya Ma.Laxmikant Baburao Chandragiri and Danshur Shiksantadnya Smt. Sharayu Baburao Chandragiri Trust .. Petitioner WITH MISC. PETITION NO. 13 OF 2017 Mrs.Sharayu Baburao Chandragiri .. Deceased The Administrator General Maharashtra State .. Petitioner Mr.Vaibhav Sugdare i/b Vinay B.Bandiwdekar for petitioner in TP/944/2015.

Mr.Suryakant Sane-Trustee of Petitioner-Trust in TP/944/2015. Mr.U.S.Upadhyay, AGP for petitioner in MPT/13/2017 & MPT/14/2017. CORAM : K.R.SHRIRAM, J.

DATE : 15TH FEBRUARY, 2017 P.C.

Shri Sugdare for the petitioner, on instructions from Shri Sane, who is Trustee of the petitioner and is present in Court, seeks leave to withdraw the petition. Shri Upadhyay opposes the request for withdrawal and states that in view of the order dated 16th December 2016 passed by Hon'ble Shri Justice G.S. Patel, the petition should not be withdrawn. Shraddha Talekar PS 1/2

21.tp.944.2015==.doc Paragraphs 5 and 6 of the Justice Patel's order dated 16th December 2016 read as under :- "5 I have asked Mr. Upadhyay who regularly appears for the Administrator-General to accept notice. He has also been given a copy of the Petition. He will take the necessary instructions. I am specifically refusing leave to withdraw the Petition. That is a matter that I will consider subsequently after the AdministratorGeneral has had time to consider the matter and, if thought necessary, to make an appropriate application under Section 10 of the Administrators General Act, 1963. I am keeping this matter pending in the meantime only in order to ensure that the estate remains within the reach of the Court and that the matter is not overlooked."

The State, through the Administrative General, has filed two miscellaneous petitions being Misc.Petition No.13 of 2017 and Misc.Petition No.14 of 1997 for administering the estate of the deceased under Section 10 of the Administrators General Act, 1963. In view thereof, I see no impediment in permitting the petitioner to withdraw the petition. The petition dismissed as withdrawn.

Refund of Court fees, if any, in accordance with the Rules. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2