Rajesh Surajmal Dakle v. Chandrabhan Rupchand Dakle Alias Chandrabhan Rupchand (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.03.27 10:28:21 +0530 MUGDHA M PARANJAPE 1 8-IA 734-22 in TP 2686-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.734 OF 2023 IN PETITION NO.2686 OF 2019 Rajesh Surajmal Dakle ... Applicant (Orig. Petitioner) In the matter between Chandrabhan Rupchand Dakle alias Chandrabhan Rupchand ... Deceased Rajesh Surajmal Dakle ... Petitioner ----- Ms. Seema Hunnurkar for the Applicant/Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH MARCH 2023 P.C. :

1.

The present Interim Application seeks restoration of Testamentary Petition No.2686 of 2019.

2.

Learned Counsel for the Applicant points out that the said Testamentary Petition came to be dismissed pursuant to the common order dated 05/04/2022. She submits that the only objection was that the consent affidavits of the legal heirs have been signed by the Power of Attorney holder of Mugdha

2 8-IA 734-22 in TP 2686-19.doc the respective legal heirs and not the legal heirs of the deceased, as more particularly set out the same in Paragraph 4 of the Interim Application. 3.

I have heard learned Counsel for the Applicant and perused the Interim Application. In view of the above, there is no impediment in granting the present Interim Application. Hence, the Interim Application is allowed to the extent of restoration of Testamentary Petition No.2686 of 2019 only. 4.

The matter is placed on board on 17/04/2023, on which date, learned Counsel shall satisfy the Court as to why the requisition of the Testamentary Registrar should be dispensed with? 5.

The Interim Application is disposed of accordingly. (ARIF S. DOCTOR, J.) Mugdha