Durgadas Vaikunth Kasbekar v. Madhukar Shantaram Kasbekar(Decesed)

20-IAL22634-2024INTP2395-2024.DOC SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.08.19 14:22:11 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 22634 OF 2024 IN TESTAMENTARY PETITION NO. 2395 OF 2024

1. Durgadas Vaikunth Kasbekar (Existing Petitioner)

2. Shilpita Nagappa Prabhu (proposed Petitioner) ...Applicants In the matter between Durgadas Vaikunth Kasbekar

...Petitioner

Madhukar Shantaram Kasbekar and Malati Madhukar Kasbekar ...Deceased Mr. Darshana Manrekar, i/b One Point Legal Solutions, for the Applicant.

CORAM:

N. J. JAMADAR, J.

DATED :

14th AUGUST, 2024 PC:- INTERIM APPLICATION (L) NO. 22634 OF 2024 1.

Heard the learned Counsel for the applicant.

2.

This is an application for carrying out amendment in the petition. In the application it is averred that the original petitioner Durgadas Vaikunth Kasbekar did not have any right in the property of deceased No.1.

3.

In the aforesaid view of the matter, the applicants cannot be permitted to amend the petition.

1/2

20-IAL22634-2024INTP2395-2024.DOC 4.

Application stands disposed.

TESTAMENTARY PETITION NO. 2395 OF 2024 5.

The learned Counsel for the petitioner seeks leave to withdraw the petition.

Leave granted.

Petition stands disposed as withdrawn.

6.

Court-fee refund, if any, be made as per Rules. 7.

It is clarified that these orders shall not preclude Shilpita Nagappa Prabhu or any other person, who is entitled to claim Letters of Administration to the estate of the deceased, to file such petition.

[N. J. JAMADAR, J.] 2/2