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Bombay High CourtTP/87/2025grant issued

Sunil Sabins v. Shanta Sadasivan Warrier (Deceased)

2025-02-24Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ssd Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 24th February, 2025 CALLED FOR DIRECTION :

73.TP/87/2025 Ms. Bhairavi Waravdekar, Advocate for the Petitioner

1. Read praecipe dated 24.02.2025 and Ld. Adv. Seeks permission to amend the para 4 (page no.5 of the petition) for making an averment and to upload the proper page of the petition, as per the existing, as in the uploaded petition, name of the petitioner's Master is not showing as legal heir in the Legal heirs Column.

2.The submission is accepted because name of Sadanand Sadashiv Warrier is not appearing in the legal's Column of the petition. Necessary Amendment be carried out within two weeks, if any and upload the petition in portal, within period of 02 weeks.

3.Upon uploading the proper petition, as undertaken by the Ld. advocate for the petitioner, Issue Citation within two weeks from today. 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 non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions (Such as prayer, explanation of the delay, if any, etc) under Chapter XXVI of the BHC Rules are complied with.

4.Advocate to take steps in respect of service of General Citation and also to affect the service upon nonconsenting legal heirs, if any, as per Rules 399 and 400 of BHC Rules. In case non-consenting legal heirs, the petitioner shall justify the share of such heir/s. The petitioner shall furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that, if there are another legal heir/s other than the petitioner/s.

5. Office to verify if any cross-petition is filed, if crosspetition is filed, then take steps to place before the P.

C. :

Hon'ble Court under Rule 407 of the BHC Rules.

6. S.O. to 16.04.2025 Officer on Special Duty, with Testamentary Department 24.02.2025