Bombay High CourtTP/1159/2016disposed off

Sudhir Bhalchandra Sule v. Manohar Bhalchandra Sule (Deceased)

2016-11-23Registrar(Os)/Prothonotary And Sr. Master66 pages

FOR APPROVAL OF DRAFT OF JUDGE'S ORDER :

1. TP/396/2012 Advocate for the Petitioner

1. Record and proceedings are not available.

Hence, adjourned.

2. S. O. to 18.08.2023

FOR APPROVAL OF DRAFT OF JUDGE'S ORDER :

2. TP/1521/2015 Shri. R. S. Champawat Advocate for the Petitioner

1. Record and proceedings are not available.

Ld. Advocate for the petitioner submitted draft of the Judge's order along with affidavit of the petitioner affirmed on 15.04.2023, copy of the grant issued on 30.01.2016, letter issued by the Mahada along with its office translation, draft agreement for the sale, consent affidavit of Darshana.

There are some minor corrections in a date which are suggested to be carried out. Office is directed to number the draft of the Judge's order, if it is found correct in all aspects, including pagination and marking exhibits of documents and having been initialed by the under signed officer.

3. Removed from the board.

FOR APPROVAL OF DRAFT OF JUDGE'S ORDER :

3. TP/1159/2016 Ms. Diksha Shetty i/b AAK Legal Advocate for the Petitioner 1.

Record and proceedings is not available with the department as it is lying with the record room. Hence, office is directed to place the record and proceedings on the next scheduled date.

Ld. Advocate for the petitioner submitted draft of the Judge's order along with affidavit of the petitioner affirmed on 10.05.2023, copy of death certificate, which is not legible, photocopy of NOC affidavit, copy of affidavit in support of the Judge's order in Judge's order having no. 83/2021 along with other relevant documents in the said Judge's order, copy of the agreement for sale executed on 11.04.2023.

There are corrections in a draft of the Judge's order. Copy of grant is incomplete. Therefore, office cannot verify the details of the property. In a Judge's order, order regarding distribution of the sale proceed and order regarding directions to submit report of compliance is not mentioned, which are required to be added. Furthermore, the petitioner to file consent affidavit of the legal heirs. Hence, adjourned. 4.

S . O. to 17.08.2023

FOR APPROVAL OF DRAFT OF JUDGE'S ORDER :

4. TP/479/2020 Shri. Nehal Ansari Advocate for the Petitioner

1. Record and proceedings are not available.

Ld. Advocate for the petitioner submitted draft of the Judge's order along with affidavit of the petitioner affirmed on 14.07.2023, copy of the grant issued on 23.12.2020, letter issued by the MHADA along with its office translation, draft agreement for the sale, consent affidavit of Barkat and Akbar affirmed on 14.07.2023.

There are some minor corrections in a date which are suggested to be carried out. Description of the property is not as per the grant. Hence, petitioner to check whether said description is enough for transaction, if not then mention detailed description.

Removed from the board.

5. TP/2588/2022 Shri. Rajesh Kadam Advocate for the Petitioner

1. Read praecipe dated 02.08.2023, perused petition. Considering the reasons, petitioner is permitted to add some movable properties in a schedule-I of the petition. Furthermore, the petitioner is permitted to carryout consequential amendment in the body of the petition.

Petitioner to carryout an amendment within six weeks from the date of uploading of this order, if petition is pending. Ld. Advocate for the petitioner submitted that the petitioner is out of country and therefore re-verification may be dispense with. Considering his submission, re-verification is dispensed with. Ld. Advocate to initial the amendment. Ld. Advocate for the petitioner to undertake the file additional affidavit of the petitioner in this regard in due course.

Removed from the board.

6. TP/1221/2019 None for the Petitioner

1. Petitioner to comply earlier order. Hence, adjourned.

2. S. O. to 25.08.2023

7. TP/3573/2021 None for the Petitioner

1. Already order has been passed on 24.07.2023. Hence, matter is wrongly listed on board.

2. Removed from the board.

8. TP/950/2022 Shri. R T Kharwar Advocate for the Petitioner

1. Petitioner to file identity proof of the deceased. Hence, adjourned.

2. S. O. to 21.08.2023

9. TP/3213/2022 Shri. Varun Shinde i/b Vivek Sawant Advocate for the Petitioner

1. Ld. Advocate for the petitioner in pursuance of the earlier order dated 19.07.2023 moved a praecipe showing genealogy of the petitioner with deceased along with proposed amendment in para no. 8 is permitted to annex the rider, as suggested in a praecipe. Hence, petitioner to carryout an amendment withing Two weeks from the date of uploading this order, if the petition is pending. Adjourned for compliance.

2. S. O. to 19.08.2023 -

10. TP/3870/2022 Ms. Shruti Bedekar i/b Ajay Basturkar Advocate for the Petitioner

1. Ld. Advocate for the petitioner tendered affidavit of publication of citation vide Rule 400 of Bombay High Court (O. S.) Rules, 1980 which is taken on record with the condition that she will upload the same online again if it is rejected by the department.

Petitioner to comply requisition of issuance of Notice to Collector, affidavit of the attesting witnesses and administration bond. Hence, adjourned.

3. S. O. to 25.08.2023

11. TP(L)/25211/2022 Ms. Jagruti Yadav i/b S G Mahamuni Advocate for the Petitioner

1. Read praecipe dated 06.07.2023. Ld.

Advocate for the Petitioner seeks time take instructions in the matter. Hence, adjourned.

2. S. O. to 21.08.2023

12. TP(L)/40864/2022 Shri. Saurabh Dhuri i/b Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that petitioner has given consent, in form of affidavit, to allow the Snehal Rathor to join as a petitioner in her place so as to satisfy the objection raised by the department. This affidavit is taken on record. Ld. Advocate for the petitioner submitted that Snehal Rathod has given her Vakalatnama. Hence, the petitioner to take steps as per the Ruels.

2. Removed from the board.

13. TP/727/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

14. TP/2045/2023 (ECHCBM02079052023) Shri. N. K. Singh Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that he has lodged the citation. However, he has not yet received the citation from the department for affixation. Hence, department is directed to expedite the process of issuance of citation. Furthermore, petitioner to comply earlier order. Hence, adjourned.

2. S. O. to 29.09.2023

15. TP/2047/2023 Ms. Divya Shetty i/b Saahil Advocate for the Petitioner

2. S. O. to 29.09.2023

16. TP/2052/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

17. TP/2056/2023 Ms. Jyoti Badgujar i/b S U Lakdawala Advocate for the Petitioner

2. S. O. to 29.09.2023

18. TP/2058/2023 Shri. Ajit Hodage Advocate for the Petitioner

2. S. O. to 29.09.2023

19. TP/2065/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

20. TP/2068/2023 Ms. Ashna Shah i/b Amit Shroff Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that she has lodged the citation. However, she has not yet received the citation from the department for affixation. Hence, department is directed to expedite the process of issuance of citation. Ld. Advocate for the petitioner submitted that petitioner's wife is suffering from Cancer(third stage). Hence, she requested to expedite the matter.

Submission is considered and department to considered this situation and do the needful as early as possible. Hence, adjourned.

2. S. O. to 05.09.2023

21. TP/2069/2023 Ms. Vibha Mishra Advocate for the Petitioner

2. S. O. to 29.09.2023

22. TP/2071/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

23. TP/2073/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

24. TP/2074/2023 Shri. Rahul Sanghvi i/b Y C Parikh Advocate for the Petitioner

2. S. O. to 29.09.2023

25. TP/2075/2023 Shri. Pramod Tambe i/b Hemant Hansale Advocate for the Petitioner

2. S. O. to 29.09.2023

26. TP/2081/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

27. TP/2086/2023 None for the Petitioner

1. Petitioner to comply earlier order. Hence, adjourned.

2. S. O. to 29.09.2023

28. TP/2087/2023 Shri. Sudhir Yadav i/b S Kothari Company Advocate for the Petitioner

2. S. O. to 29.09.2023

29. TP/2089/2023 Shri. Jayant Wani i/b S U Lakdawala Advocate for the Petitioner

2. S. O. to 29.09.2023

30. TP/2090/2023 Ms. Kanchan Pamnani Advocate for the Petitioner

2. S. O. to 29.09.2023

31. TP/2094/2023 Shri. Nandkishor Supal i/b Divya Shah & Associates Advocate for the Petitioner

2. S. O. to 29.09.2023

32. TP/2098/2023 Shri. Pranav Chavan i/b Mahesh Menon & Co.

Advocate for the Petitioner

2. S. O. to 29.09.2023

33. TP/2343/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

34. TP/2344/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 29.09.2023

35. TP/2083/2015 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 07.09.2023

36. TP/496/2021 Shri. Abhiraj Parab Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that citation has been served upon Hansa and Renuka and filed affidavit of service online. Petitioner to comply following requisitions:

1. to serve the citation upon legal heirs of the deceased namely Ila.

2. To take steps for issuance of Notice to Collector.

2. S. O. to 19.08.2023

37. TP/572/2021 None for the Petitioner

1. Petitioner to comply order clause no. 1.1, 1.4 and 1.5 of the order dated 15.06.2023. Hence, adjourned.

2. S. O. to 21.08.2023

38. TP/608/2021 Shri. Mahmood Ali i/b Waquar Ahmad a.w. Yajuvendra Singh Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to comply earlier order. As the petition is of 2021 and listed for dismissal, for safer side, the time if any, expires, then it is extended by further period till 19.08.2023.

Furthermore, Ld. Advocate for the petitioner requested to direct the department to allow him to carryout an amendment without insisting online appointment. Considering the petition is of 2021 and posted for dismissal and therefore requested is accepted. The department to act accordingly. Hence, adjourned.

S. O. to 19.08.2023

39. TP/610/2021 Ms. Christina Carols Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that petitioner is not able to get surety to execute the administration bond and requested to dispense the same. However, office is not in a position to dispense the same. Therefore, petitioner may take necessary steps in this regard. Hence, adjourned.

2. S. O. to 23.08.2023

40. TP/612/2022 Shri. Madahv Shah Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to comply earlier order. Hence, adjourned.

2. S. O. to 04.09.2023

41. TP/1725/2022 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

42. TP/3235/2022 final order Shri. Abrar Ahmad N R Chaudhary Advocate for the Petitioner

1. Ld. Advocate for the petitioner tendered administration bond which is taken on record with the condition that he will upload the same online again if it is rejected by the department. He further submitted that he has carrie out the amendment.

43. TP/3801/2022 final order Shri. Nandkishor Supal i/b Dilpreen Kaur Advocate for the Petitioner

1. Ld. Advocate for the peittoiner tendered administration bond which is taken on record with the condition that he will upload the same online again if it is rejected by the department.

44. TP/4378/2022 Ms. Mansi Shah i/b Pravin Mehta and Mithi and Company Advocate for the Petitioner

1. Petitioner to take steps to instructions from the petitioner whether the amount, which is to be paid to the legatee, is paid or not. Hence, adjourned.

2. S. O. to 23.08.2023

45. TP/4798/2022 Shri. Pramod Tambe i/b Sharanaya Sankaranarayanan Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted true copy of the receipt in pursuance of the order dated 27.07.2023. in view of the said deposition of the said amount requisition of justify the surety is dispensed with. Hence, adjourned for passing an order.

2. S. O. to 18.08.2023

46. TP/4848/2022 Shri. Sandeep Dhangar i/b Jayesh Vyas Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to comply earlier order. Hence, adjourned.

2. S. O. to 05.09.2023

47. TP/5051/2022 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

48. TP/5079/2022 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

49. TP/410/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

50. TP/484/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

51. TP/919/2023 Shri. Dipesh Siroya Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that he has lodged the citation in the department. However, he has not yet received the citation from the department for affixation. Hence, department is expedite the process of issuance of citation. Hence, adjourned.

2. S. O. to 04.10.2023

52. TP/1083/202 Shri. Sameer Logade Advocate for the Petitioner 1.

Ld. Advocate for the petitioner tendered affidavit of service which is taken on record with the condition that he will upload the same online again if is rejected by the department. He further submitted that he has uploaded the copy of schedule online for compliance of issuance of Notice to Collector.

Petitioner to comply Rule 383 of Bombay High Court (O. S.) Rules, 1980 and file administration bond. Hence, adjourned.

S. O. to 22.08.2023

53. TP/ Ms. Simran R Grover i/b Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to comply earlier order as she will file Chamber Order. Hence, adjourned.

2. S. O. to 04.10.2023

54. TP/1255/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

55. TP/1261/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

56. TP/1262/2023 None for the Petitioner

1. Petitioner to comply earlier orders. Hence, adjourned.

2. S. O. to 03.10.2023

57. TP/1288/2023 Shri. Rajneel Sonavane Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that he is not going to carryout the amendment as per the order passed on 21.06.2023. After expiry of the stipulated time, it will not be available to the petitioner. Hence, adjourned for compliance.

2. S. O. to 03.10.2023

58. TP/1289/2023 Ms. Harshita Khandelwal i/b Sunilraja Nadar Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to take steps in the matter. Hence, adjourned.

2. S. O. to 04.10.2023

59. TP/1298/2023 Ms. Sarita Donde Advocate for the Petitioner

1. Ld. Advocate for the petitioner seeks time to serve the citation. Hence, adjourned.

2. S. O. to 04.10.2023

60. CTS(L)/36241/2022 None for the Caveator in TP/739/2022 Ms. Bina Shivhare Advocate for the Petitioner 1.

Ld. Advocate for the petitioner submitted that since long the caveator has not taken steps to remove the office objections. Today, he is not present. Hence, considering this situation, the office to list the caveate for for further stage, as per the Bombay High Court (O.S.) Rules, 1980.

Removed from the Board.

3. Later on, Shri. Nitin Ghawre is appeared at about 04.00 p.m. and order is communicated to him.

61. CTS(L)/14397/2023 None for the Petitioner in TP/1094/2022 Ms. Neha Thakkar i/b Arshil Shah Advocate for the Caveator

1. Ld. Advocate for the caveator is appeared. I have gone through the objections raised by the Office. It appears that office has raised an objection as per the Form No.116 of the Bombay High Court(O.S.) Rules, 1980. these objections are, the caveator has not mentioned the date and place of the death of the deceased. These objections are as per the Rules. 2.

Ld. Advocate for the caveator submitted that the petitioner has not served the citation upon the caveator and therefore, caveator being third person is not aware about the date of the death and place of the death of the deceased. Hence, she submitted that she will take the steps in this regard, as per the Rules. 3.

Removed from the Board.

NOT ON BOARD, TAKEN ON BOARD :

62. TP(L)/3402/2023 Ms. Tarannum Shaikh i/b Megha Raorane Advocate for the Petitioner

1. Read praecipe, in view of the reasons stated in a praecipe time is extended by four weeks from the date of uploading of this order, if petition is pending.

2. Removed from the board.

NOT ON BOARD, TAKEN ON BOARD :

63. TP(L)/3180/2023 Ms. Tarannum Shaikh i/b Megha Raorane Advocate for the Petitioner

1. Read praecipe, in view of the reasons stated in a praecipe time is extended by four weeks from the date of uploading of this order, if petition is pending.

2. Removed from the board.

NOT ON BOARD, TAKEN ON BOARD:

64. TP/1151/2016 Shri. Sachin Kanuujiya Advocate for the Petitioner 1.

The matter was supposed to be listed on today's board vide order dated 03.08.2023. However, same is not listed on today's board. Hence, matter is taken on board. Ld. Advocate for the petitioner make available the copy of the draft of the Judges order as petition is not listed on the board in spite of the order dated 03.08.2023.

The Petitioner to produce document showing that property is transferred in his name in pursuance of the Letters of Administration. Hence, adjourned.

S. O. to 18.08.2023

NOT ON BOARD, TAKEN ON BOARD :

65. TP(L)/21524/2021 P. C. : Shri. Vinod Tambe Advocate for the Petitioner

1. Ld. Advocate for the petitioner moved a praecipe to carryout the corrections and amendment in the petition. I have gone through the order of the Hon'ble City Civil Court in Guardian Petition no. 02/2023, delivered on 29.04.2023.

Petitioner presented the petition for Succession for herself, brother of the deceased and children of the deceased. However, as per the provisions of Hindu Succession Act, Section 8 read with Schedule of the said Act, only children of the deceased, being the Class-I heir, are entitled to inherit the property of the deceased. Hence, objection raised by the department is sustained.

3. Now, petitioner is willing to carryout an amendment in through out the petition based upon the order passed in Guardian petition No.02/2023 and to amend the petition so as to convert it as a petition on behalf of minors children of the deceased, being the guardian of minors and their property. Hence, such amendment is required and necessary and therefore, praecipe is allowed to that extent. 4.

Petitioner to carryout an amendment within two weeks, if petition is pending and not dismissed by an order of the Hon'ble Prothonotary and Sernior Master, High Court Bombay.

It is made clear that as per order of the Hon'ble Prothonotray and Senior Master, the petition will be pending till 10.08.2023 and if petition does not survive thereafter, then petitioner will not able to get benefit of this order.

6. Removed from the board.

NOT ON BOARD, TAKEN ON BOARD :

66. TP(L)/22899/2022 Shri. Varun Shinde i/b Vivek Sawant Advocate for the Petitioner

1. Read praecipe, in view of the reasons stated in a praecipe time is extended by four weeks from the date of uploading of this order, if petition is pending.

2. Removed from the board.