Mrs. Kesarabai Kamlakar Bagul v. Santosh Kamlakar Bagul (Deceased)

902-NMT154-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 154 OF 2016 IN TESTAMENTARY PETITION (L) NO. 1952 OF 2015 Santosh Kamlakar Bagul ...Deceased And Mrs. Kesarabai Kamlakar Bagul

...Petitioner

Mr. S.K. Dubey, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

31st August 2016 PC:- 1.

The Petitioner, Mrs. Kesarabai Kamlakar Bagul, is present in Court. She is clearly suffering from a visual impairment. Following my order of 29th August 2016, I am inclined to exempt her from payment of court fees. As I noted on that day, the non-payment of court fees was the only reason her Petition was dismissed. She is a widow, and this Petition is for Letters of Administration to the estate of one of her sons, Santosh Kamlakar Bagul. He died intestate and a bachelor.

31st August 2016

902-NMT154-16.DOC 2.

In fairness, her Advocate points out that she does have two more sons. They run some small food stall, and it is on this income that the Petitioner, her sons and their families survive. 3.

Having regard to all these circumstances, and having seen the Petitioner who is personally present in Court, I am exempting her from payment of all court fees. The Department will not insist on payment of court fees. The Petition is restored to file and to proceed accordingly.

4.

The Notice of Motion for restoration of Petition is disposed of in these terms with no order as to costs.

5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 31st August 2016