Nandkumar Narsingrao Pupala v. Pratapsingrao Pupala (Rsp.) And Dr. Annie Besant (Org. Petitioner)

6-OSIA-3050-2021 IN APPL-442-2019.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3050 OF 2021 IN APPEAL (L) NO. 442 OF 2019 IN MISCELLANEOUS PETITION NO. 18 OF 2018 Nandkumar Narsingrao Pupala ...Applicant In the matter between Nandkumar Narsingrao Pupala ...Appellant

Versus

Pratapsingrao Pupala & Anr

...Respondents

SHEPHALI SANJAY MORMARE Mr YU Divekar, with Kalyani Bane, i/b M/s. Divekar & Co, for the Applicant/Appellant.

Mr SK Dhekale, Court Receiver, present.

by SHEPHALI SANJAY MORMARE Date: 2022.08.26 10:19:54 +0530

CORAM

G.S. Patel & Gauri Godse, JJ.

DATED:

25th August 2022 PC:- 1.

The Appeal was dismissed for non-removal of the office objections by a conditional order dated 15th November 2019 passed by the Prothonotary & Senior Master (Exhibit "A" at page 9 of the Interim Application).

25th August 2022

6-OSIA-3050-2021 IN APPL-442-2019.DOC 2.

For the reasons set out in the Interim Application, we restore the Appeal.

3.

The original Miscellaneous Petition sought revocation of Letters of Administration granted de bonis non on 17th September 2009 with a probated Will annexed. The Appellants were never served with the original Testamentary Petition No. 445 of 2008. It is, therefore, not reasonable to expect the Petitioners to annexe a certified copy of the grant of Letters of Administration. We dispense with this.

4.

An ordinary copy will be produced and place in the case papers by the Registry.

5.

The Interim Application is disposed of in these terms. 6.

List the Appeal on 20th September 2022.

(Gauri Godse, J) (G. S. Patel, J) 25th August 2022