Mrs. Mandakini Madhukar Ugale v. Madhukar Narayan Ugale

30-TP1479-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1479 OF 2015 WITH CAVEAT (L) NO. 33 OF 2016 Mandakini Madhukar Ugale

...Petitioner

Versus

Milind Madhukar Ugale ...Caveator Mr VS Kapse, i/b Kunal J Rane, for the Applicant/Petitioner.

Ms Manisha Mohammed, with Priyanka Pardeshi & Rita D Bhatia, i/b RDB Legal, for the Caveator.

Mrs Chandan Bhatt, Company Registrar, in charge of Testamentary Department, present.

CORAM: G.S. PATEL, J DATED:

22nd March 2021 PC:- Shephali Mormare by Shephali Mormare Date: 2021.03.23 10:48:45 +0530 1.

There is a typographical error in the order of 21st February 2020. This is a petition for a Succession Certificate. It is opposed. Such a petition is not, according to our Rules, renumbered as a suit as would a contested petition for probate or letters of administration. A Succession Certificate petition, even if opposed, continues as a Testamentary Petition but with the opposition indicated or shown. The order of 21st February 2020 will thus have to be recalled. It stands recalled.

22nd March 2021

30-TP1479-15.DOC 2.

At this state both sides point out that nothing survives in the petition itself on account of an earlier order of 5th April 2017. Each of the three claimants has received a 1/3rd amount from the three fixed deposit accounts mentioned in paragraph 4 of the order of 5th April 2021.

3.

There is, therefore, no purpose served in keeping the petition pending.

4.

What remained to be stated in the order of 5th April 2017 was that not only was the Notice of Motion on which that order was made disposed of by that order, but effectively the petition itself stood disposed of.

5.

Both sides are agreed that nothing survives in the Testamentary Petition. It is disposed of accordingly. 6.

Secretary/Personal Assistant of this Court. All concerned will act (G. S. PATEL, J) 22nd March 2021