Sejalben Pankajkumar Shah v. Popatlal Amrutlal Shah (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th April, 2024 FOR COMPLIANCE :

94. TP/515/2024 [Original] (ECHCBM0215360 2023) P. C. :

Ms. Nazia S. A. Shiekh Ld. Advocate for the Petitioner

1. Read praecipe dated 24.04.2024, Ld. Advocate for the petitioner submitted to aver the fact of the brother of the deceased no. 1 and his marital status if any in view of filing of affidavit along with the death certificate of the said Natvarlal, re-verification stands dispensed with. Ld. Advocate for the petitioner to initial the amendment. Upon carrying out the amendment. Department to issue citation.

2. Petitioner to carryout an amendment within three weeks from the date of uploading of this order, if petition is pending.

3.

Perused Petition. Issue Citation within two weeks after carrying out the amendment. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps and ensure that requisition under chapter XXVI of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules") are complied with.

4.

Advocate to take steps regarding Service of General Citation as per Rule 397 of the BHC Rules and also effect service upon non- consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond, for Gross amount, vide Rule 420 of BHC Rules, within one week thereafter, if there are other legal heir including the petitioner.

5. Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon'ble Court under Rule 407 of BHC Rules.

6. S. O. 10.07.2024 24.04.2024 Officer on Special Duty, with Testamentary Department