The Trustees Of B.D. Petit Parsee General Hospital v. The Administrator General, Maharashtra State

904-MPT-92-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 92 OF 2015 IN TESTAMENTARY PETITION 374 OF 1993 The Administrator General, Maharashtra State

...Petitioner

Versus

The Trustees of B. D. Petit Parsee General Hospital

...Respondents

Mr. Neerav Barot, i/b M/s. Maneksha & Sethna, for the Petitioner. Mr. R. Rodrigues, for the Administrator General.

Respondent No. 2 present in person.

CORAM: G.S. PATEL, J DATED:

6thAugust 2015 PC:- 1.

By consent, the order dated 24th August 2010 dismissing the Petition for default is recalled and set aside. The Testamentary Petition is restored to file. The Administrator General is directed immediately to take the necessary steps for obtaining the probate and administering the estate in accordance with the Will.

904-MPT-92-15.DOC 2.

There being a caveat and an Affidavit in Support, the Petition is to be renumbered as a suit. List the Testamentary Petition and suit for directions on 1st September 2015. Parties are put to notice that on that day, irrespective of the caption under which the matter is listed, it may be taken up for framing issues. 3.

In view thereof, the Miscellaneous Petition is disposed in these terms. There will be no order as to costs. (G. S. PATEL, J.)