Susmita Sushant Shirur v. Manjeshwar Upendra Bhat (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 15th January, 2025 FOR ISSUANCE OF CITATION :

10. TP/10/2025 (AMH20230011388C202 400021) P. C. :

Shri. Prakash Sutar Ld. Advocate for the Petitioner 1.

Read praecipe dated 15.01.2025 and thereby Ld. Advocate for the petitioner seeks permission to amend the petition by adding the alias names of the petitioner and deceased, as suggested in the Praecipe. Submission is accepted. Praecipe is allowed. Petitioner to carry out an amendment within two weeks from the date of uploading of this order, if petition is pending. Amended petition to be uploaded within 03 days from the date of Amendment.

2. After carrying out the amendment office to issue citation Issue Citation within two weeks from date of amendment. Issue Notice to the Collector vide Rules 396 of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules"). Issue citation to the nonconsenting legal heirs of the deceased, if any. The advocate is directed to take steps. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with. 3.

Advocate to file an affidavit of Service of General Citation and also effect service upon nonconsenting legal heirs, if any as per Rules 399 and 400 of BHC Rules and also justify the surety of nonconsenting legal heirs, if any, and furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that.

4. Office to verify if any cross-petition is filed, if cross-petition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the Bombay High Court O. S. Rules.

5. S. O. to 26.02.2025 15.01.2025 Officer on Special Duty, with Testamentary Department