Shobha Sadguru Vast v. Sadguru Mahadev Vast (Deceased)

17-TP1560-17+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1560 OF 2017 Sadguru Mahadev Vast ...Deceased And Sakshi Sachin Ghodankar

...Petitioner

AND TESTAMENTARY PETITION NO. 194 OF 2018 Sadguru Mahadev Vast ...Deceased And Shobha Sadguru Vast

...Petitioner

Mr Prabhu Velar, i/b Aslam S Shaikh, for the Petitioner in TP/1560/ 2017.

Mr Sameer R Logade, for the Petitioner in TP/194/2018.

CORAM: G.S. PATEL, J DATED:

28th March 2018 PC:- 1.

There is a Caveat in Testamentary Petition No. 1560 of 2017 which is for Letters of Administration. It will be renumbered as a Suit. At this stage, I will note that Mr Velar describes the opponent in his Petition as "the alleged widow". I will take this under advisement because it has all kinds of implications, including about the deceased.

28th March 2018

17-TP1560-17+.DOC 2.

There is a separate Testamentary Petition No. 194 of 2018 filed by the "alleged widow" of the deceased, Shobha Sadguru Vast and it claims family pension. The Petitioner here has filed a Caveat in Testamentary Petition No. 1560 of 2017.

3.

Liberty to Shobha Sadguru Vast to file an Additional Affidavit opposing Testamentary Petition No. 1560 of 2017. The Additional Affidavit is to be filed and served on or before 23rd April 2018. 4.

In this view of the matter, Mr Logade seeks leave to withdraw Testamentary Petition No. 194 of 2018. Leave granted. Testamentary Petition No. 194 of 2018 is dismissed as withdrawn. 5.

The entire court fee paid in Testamentary Petition No. 194 of 2018 will be refunded.

6.

The Petitioner in Testamentary Petition No. 1560 of 2017 will amend the schedule to include the family pension claim that was the subject matter of Testamentary Petition No. 194 of 2018. Amendment to be carried out within two weeks from today without need of reverification.

(G. S. PATEL, J) 28th March 2018