Manjula Kishor Doshi v. Kishor Himatlal Doshi Alias Kishore Himmatlal Doshi (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02nd September, 2025 FOR HEARING :

71. TP/1368/2024 [Original] (ECHCBM02220592023) with WILL/486/2024 P. C. :

Ms. Namrata Rayate i/b M G Legal Ld. Advocate for the Petitioner 1.

Ld. Advocate for the petitioner submits that citation may be issued in the petition for compliance of Rule 397 of the Bombay High Court (OS) Rules, 1980. At this juncture, Ld. Advocate for the petitioner submitted the Hon'ble Court has already passed an order in Testamentary Suit, having TS/85/2025 and disposed the Petitions having Nos. TP/1368/2024 and TP/5553/2024.

2.

I have gone through the said Order, it appears that this petition has been disposed of. Hence, it this office is now ceased to pass any order, including earlier order dated 11.08.2025. Hence, the said order now required to be set aside. Therefore, the office to move the submission before the Hon'ble. Court. Furthermore, the Ld. Advocate for the petitioner to take steps to reinstate the position of the petition which was existed prior to 11.08.2025.

3.

Ld. Advocate for the petitioner had moved a praecipe dated 22/07/2025 and thereby requested the undersigned to list the matter as the caveat is disposed of. Upon perusal of the CIS, this petition was showing as pending. Hence, petition is taken up. Accordingly, query was raised as to the capacity of the petitioner vide Sec. 211 and 213 of the Indian Succession Act, 1925. Accordingly, the Ld. Advocate for the petitioner moved the praecipe dated 05.08.2025 and on 11.08.2025 the said praecipe has been allowed and amendment has been carried out.

3.

Office to follow the said directions and proceed for issuance of the grant. Call the remarks from the department explaining that how this petition is listed before undersigned, even it is disposed of.

4.

Removed from the board.

02.09.2025 Officer on Special Duty, with Testamentary Department