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Bombay High CourtTP/1665/2018grant issued

Laxman Narsaiah Vallakati v. Kishtayya Vainkayya Alias Kistaiah Alias K Vainkayya (Deceased)

2018-10-04Registrar(Os)/Prothonotary And Sr. Master2 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 13th March, 2023 FOR APPROVAL OF DRAFT OF JUDGE'

S ORDER:

2. TP/1665/2018 P. C. : Ms. Bina Shivhare Advocate for the Petitioner 1.

Ld. Advocate for the petitioner submitted draft of the Judges Order, online which require minor modifications. Ld.

Advocate for the petitioner submitted that she will furnish corrected copy.

2.

Ld. Advocate for the Petitioner submitted that the petitioner is willing to sell the property to Mukesh More for the consideration of Rs.1 Crore. Ld. Advocate for the petitioner submitted that though grant does not bear the description of the property which is supposed to be sold. However, petitioner got the possession of the said property after receipt of the grant. She has produced the draft of the agreement and submitted that she has paid the Court fee as per the valuation of the property. The petitioner has paid the court fee, however, it is not updated.

3.

There are no other legal heirs of the deceased. The petitioner has produced the lettered issued by the MHADA along with its translation and draft of the Agreement to Sale. MHADA'

s Letter (Exh.B) shows that the intended property is received by the petitioner in lieu of the property described in the Grant. Hence, submission is accepted. However, this fact is not mentioned in the draft of the Judge's

Order.

4.

Except this fact, in a Judge's Order, there is no other objections. Hence, Ld. Advocate for the petitioner submitted that she will satisfy the Hon'

ble Court in this regard.

5.

Hence, draft is submitted with respect with following objections that:

1.The property described in a Grant is not similar to the property, intended to Sell.

5.

Office to verify that the petitioner has paid the Court fee as per the Valuation and corrected draft is submitted as submitted by the Ld. Advocate for the petitioner. Before registering the Judges' Order, the office to verify that all other formalities are complied with.

6.

Removed from the board.

13.03.2023 Officer on Special Duty, with Testamentary Department