Subhagya Vishwanath Shetty v. Vishwanath Loku Shetty (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-09th May, 2024 FOR COMPLIANCE:

1. TP/1359/2024 [Original] (ECHCBM02026992024) P. C. : Ms. Rupali Shinge i/b Shailesh Pansare Ld. Advocate for the Petitioner

1. Read praecipe dated 25.04.2024, heard Ld. Advocate for the petitioner. Perused earlier order. There is mistake in para no. 1 with respect to the name of the deceased "Sulochana Ram Chandiramani,". Praecipe is allowed for carrying out the amendment, as suggested in the praecipe.

2. Petitioner to carryout an amendment within two weeks from the date of uploading of this order. Considering typographical mistake re-verification is dispensed with. After carrying out the amendment issue Citation.

3. Upon carrying out the above said amendment, the office to issue Citation within two weeks after carrying out amendment. 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.

4.

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.

5. 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.

6. S. O. 10.07.2024 09.05.2024 Officer on Special Duty, with Testamentary Department