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Bombay High CourtTP/2474/2024disposed off as withdrawn

Norma Marina Menezes D/O. Gilbert Menezes @ Norma Marina Menezes v. Marie Harold Menezes

2025-03-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

1 M2-TP 2474-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO.2474 OF 2024 Marie Harold Menezes ... Deceased Norma Marina Menezes D/o. Gilbert Menezes @ Norma Marina Menezes ... Petitioner ----- Mr. Harshil Panchal i/by Rahul Bothra for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

19TH MARCH 2025 Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.03.21 18:22:43 +0530 P.C. :

MUGDHA MANOJ PARANJAPE 1.

Not on board. Upon mentioning taken on board. 2.

At the outset, before the board was called, the Associate of this Court had informed all the Advocates waiting in the Court seeking circulation that only those matters which were extremely urgent were to be mentioned in terms of the notices published by this Court dated 3 rd January 2025 and 17 th January 2025. The Advocates were also informed that in the event any matter was mentioned and it was found that the same was not urgent and contrary to the notices published, then not only would circulation not be granted but also costs would be imposed and the matter would be listed after six months. Mugdha

2 M2-TP 2474-24.doc 3.

Despite the above, Mr, Panchal, Learned Counsel for the Petitioner mentioned the matter and tendered a preacipe, in which the reasons for seeking urgent circulation were set out as follows : "Be pleased to place the above captioned matter on board of His Lordship the Honble Mr. Justice Arif S Doctor as the Petitioner is the sister in law of the deceased i.e., husband's real sister. No other legal heirs of the deceased are surviving. The matter had appeared on the board of officer on Special Duty With Testamentary Department Mr. P. A. Jagadale on 14th August, 2024 wherein he had asked the Advocate for Petitioner to explain the capacity of the Petitioner who has filed the petition and hence directed the Petitioner to take steps and seek direction from this Hon'ble court. Hence, the urgency."

4.

From the above it is clear that the preacipe does not set out any extreme urgency.

5.

Hence list the matter in regular course, subject to payment of costs of Rs.5,000/- to The High Court Employees Medical Welfare Fund, account details of which are as follows:

Account Name :

The High Court Employees Medical Welfare Fund at Mumbai Bank Name :

Bank of India Branch :

Main Branch, Mumbai Account Number :

000120110001337 IFSC Code :

BKID0000001 (ARIF S. DOCTOR, J.) Mugdha