← Library
Bombay High CourtTP/583/2025grant issued

Mohammed Aslam Ismail Shaikh And ANR v. Mohmmad Ismail Shaikh Alias Mohammad Ismail (Deceased)

2025-04-09Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 09th April, 2025 FOR COMPLIANCE:

57. TP/583/2025 (AMH202300206 51C20240 0023) P.C. :

Ms. Sunila Chavan i/b Pushpa Thapa Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submits that she has moved a praecipe before the Hon'ble Court for accepting the original grant issued in the TP/1209/2024. Petitioner to take out he proper proceeding for revocation of granted issued in TP/1209/2024, as per the Rules. Once the grant is revoked as per the Order, then petitioner can submit the grant with the department. Present petition is uncontested and it appears that Ld. Advocate for the petitioner has taken steps to returning the previous grant. Hence, citation is issued. 2.

Perused Petition. 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. The advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules (such as proper prayer, information of the legal heirs, etc) are complied with.

3.

Advocate to take steps in respect of service of General Citation and also to affect the service upon non-consenting 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.

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

5. S. O. 20.06.2025.

09.04.2025 Officer on Special Duty, with Testamentary Department