Sanjay Kisan Dalvi v. Savitri Jayram Dalvi @ Savitri Jairam Dalvi (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 11th April, 2023 FOR APPROVAL OF DRAFT OF JUDGE'

S ORDER:

29. TP/1943/2021 P. C. : Shri. Uttam Rane, Ld. Advocate for the Petitioner 1.

Heard Ld. Advocate for the petitioner.

Perused draft of the Judge's Order, which is filed online, having Document No.EDHCBM02094122023. Hence, following requisitions are raised:

i.

In a draft, reference of consent affidavit of legal heirs is not mentioned.

ii.

In consent affidavits of legal heirs, there is no mention about consideration amount and name of the purchaser.

iii.

In draft of the MOU, there is a correction regarding the consideration amount, which is reflected in a affidavit of the petitioner, annexed to the Judge's Order at Page No. 11 and 12.

iv.

Even, correction on page no. 11 does not carry any initials of executor and notary.

In order to read it vide Rule 203 of the Bombay High Court (O. S.) Rules, 1980.

2.

Hence, petitioner to correct the draft of the Judge's order, so that reference of consent affidavits can be referred in the Judge's Order. 3.

In regard to the correction in the paragraph No. 6 of the affidavit of the petitioner, the petitioner to take steps. Ld. Advocate for the petitioner submitted that

though in MOU there is a correction regarding he consideration amount i.e. Rs. 67,00,000/-. Though this amount does not bear initials of the parties of the said MOU. Statement made by Ld. Advocate is considered. Adjourned for compliance.

4. S. O. to 24.04.2023.

11.04.2023 Officer on Special Duty, with Testamentary Department