Nayampalli Shyamasundar Acharya v. Naimpally Raghavendra Madhav Acharya Alias N R M Acharya

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02nd July, 2024 NOT ON BOARD, TAKEN ON BOARD (SPEAKING TO THE MINUTES): 89.TP/207/2024 P. C. :

Ms. Ayesha Qureshi i/b Pratik Amin & Associates Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner moved a praecipe stating that in para no. 5 of the order dated 19.06.2024, it is mentioned that petitioner is the Class-I legal heir of the deceased. However, petitioner is a Class-II heir i.e. brother of the deceased. Hence, same may be corrected.

2.

It appeared that the the petitioner is sole surviving legal heir of the deceased and purpose of filing the administration Bond is discussed by the Hon'ble Court in TP no. 2918 of 2023 and TP No. 2556/2022 and TP No. 2559/2022. Hence, in view of the said directions, the petitioner need not to file administration Bond. Hence, paragraph No. 5 of the order dated 19.06.2024 is required to be corrected.

2. Hence, para no. 5 of the order dated 19.06.2024 is corrected and read as "Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, In view of the Order, passed in the TP No. 2918/2023, the petitioner is sole suriving legal heir, hence, he is exempted from the furnishing the surety Bond."

3.

It is made clear that rest of the order dated 19.06.2024 remain as it is.

4. Removed form the board.

02.07.2024 Officer on Special Duty, with Testamentary Department