Bombay High CourtTP/1314/2024grant issued

Ameya Vijay Girolla v. Rashmi Vijay Girolla

2024-04-18Shri. S. B. Bhansali (Prothonotary Senior Master))1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 18th April, 2024 FOR ISSUANCE OF CITATION :

5. TP/1314/2024 [Original] (ECHCBM022350 92023) P. C. : Shri. Omkar Kulkarni Ld. Advocate for the Petitioner 1.

Perused Petition. Issue Citation within two weeks from today. 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. Petitioner to state about the mother of the husband of the deceased.

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.

3. 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.

4. S. O. 21.06.2024 18.04.2024 Officer on Special Duty, with Testamentary Department

5. Later on in Second session, Ld. Advocate for the petitioner moved a praecipe to aver the fact about the mother of the husband of the deceased. Praecipe is allowed. Petitioner to carryout an amendment as well as consequential amendments within three weeks from the date of uploading of this order, if petition is pending. Hence, adjourned to already scheduled date.

18.04.2024 Officer on Special Duty, with Testamentary Department