Ramesh Ravi Varma v. Hasumati Harsukhlal Mehta (Deceased)

13-IA-1298-2019 IN TP-1845-2015+.DOCX Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1298 OF 2019 IN TESTAMENTARY PETITION NO. 1845 OF 2015 WITH INTERIM APPLICATION NO. 1294 OF 2019 IN TESTAMENTARY PETITION NO. 1845 OF 2015 Ramesh Ravi Verma

...Petitioner

Hasumati Harsukhlal Mehta ...Deceased Mr Mangesh Parte, for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

2nd February 2021 PC:- Atul G.

Kulkarni by Atul G.

Kulkarni Date: 2021.02.03 11:57:19 +0530 1.

There are two Interim Applications in the same Petition in respect of same Will and same deceased. The reliefs in both could have been combined in a single Interim Application. 2.

The principal prayer in Interim Application No. 1298 is to condone a delay of 143 days, restore the Testamentary Petition to file, grant an additional 12 weeks to comply with the previous directions 2nd February 2021

13-IA-1298-2019 IN TP-1845-2015+.DOCX of 3rd April 2019 and to serve a copy of this order only to next of kin. The prayers in Interim Application No.1294 of 2019 are to condone a delay of 500 days in seeking an amendment of the Petition and to allow an amendment. The amendment seeks to add that the deceased had no children, but had another heir.

3.

I will as a final opportunity allow both Interim Applications. In Interim Application No. 1298 of 2019 there will be an order in terms of prayer clause (a), (b), (c) and (d). In Interim Application No. 1294 of 2019 there will be an order in terms of prayer clause (a) and (b). 4.

The amendment will require re-verification. The Registry will ensure that fresh citations are served once again since the Petition itself is being amended and another heir is being added. Those of the legal named heirs who are overseas will be served by international courier with proof of delivery.

5.

copy of this order.

(G. S. PATEL, J) 2nd February 2021