Sushma Anilkumar Jain v. Anilkumar Dulichand Jain (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 22nd August, 2025 FOR COMPLIANCE :

37. TP/5614/2024 P.C.:

Ms. Devanshi Bavisi i/b K. K. Bilamoria Ld. Advocate for the Petitioner 1.

Kept in the second session for the order.

22.08.2025 Officer on Special Duty, with Testamentary Department 2.

Read affidavit dated 15.07.2025 and 07.08.2025. Heard Ld. advocate for the petitioner.

3.

Ld. advocate for the petitioner submitted that vide an order 24.07.2025 the undersigned officer has permitted the petitioner to delete the Locker, mentioned in the Schedule-I of the petition, on condition to produce the letter from the bank, confirming the fact that locker is standing in the name of the mother of the deceased, upon relying upon the statement of the petitioner given in affidavit dated 15.07.2025 and relevant portion is reproduced as under, - "3. It is submitted that the said assets are not owned by the deceased, but is owned by his late mother, Smt. Lajwanti Kumari D. Jain."

4.

By an affidavit dated 07.08.2025, petitioner states she is not is not able to produce such documents from the Bank, but allow the petitioner to delete the said locker on accepting an undertaking to indemnify the Court in respect of deletion of the locker, if any. He states as under, "4.

.... However, the said Order also states that the Petitioner is to annex documents showing that the locker mentioned in the said Item No. 7 stands in the name of another person. I had inadvertently and erroneously mentioned that the assets were owned by the late mother of the deceased, Smt. Lajwanti Kumari D. Jain, but I am not aware if there is any locker in any bank in any person's name and therefore, I shall not be able to provide any document in respect of the same and I am thus not claiming the same...." 5.

The petitioner states two different fact by these two affidavits, which are contrary to each other. Hence, the petitioner to comply the earlier order which he subject matter of these two affidavits. 6.

Stand Over to 02.09.2025.

22.08.2025 Officer on Special Duty, with Testamentary Department