Niloofur Ashraf Sheriff @ Vaishali Prabhakar Mirajkar v. Saroj Prabhakar Mirajkar(Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 06th July, 2024 FOR ISSUANCE OF CITATION :

4. TP/2504/2024 [Original] (ECHCBM02005102 024) P. C. : Ms. Anisha Shaikh i/b Deepak Pandey 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 take steps to explain about mother of since deceased husband. 2.

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. 23.08.2024 06.07.2024 Officer on Special Duty, with Testamentary Department

5. Later on Ld. Advocate for the petitioner moved a praecipe dated 06.07.2024 to make an averment regarding the mother and father of the deceased. Petitioner is permitted to make carryout an amendment and make an averment regaridng mother and father of the deceased. Praecipe is allowed.

6. Petitioner to carryout an amendment within two weeks from the date of uploading of this order, if petition is pending. After carrying out the amendment, office to issue citation.

06.07.2024 Officer on Special Duty, with Testamentary Department