Bombay High CourtTP/2687/2024grant issued

Deepti Prakash Valanj Nee Bharati Madhukar Borkar v. Pritilata Madhukar Borkar

2026-02-11Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 11th February, 2026 FOR DIRECTION :

4. TP/2687/2024 [Original] (ECHCBM02073332024) with JOT(L)/37240/2024 (AMH20230046647C202400005) with CTS(L)/38866/2024 WITH IA(L)/993/2025 (AMH20220000216C202500003) ) ) ) ) ) ) ) ) ) ) ) None for the Petitioner Shri. Amar Gharate Ld. Advocate for the Caveator P. C. :

1. This matter is listed on the board, upon submission put up before the Hon'ble Prothonotary and Senior Master on 07.02.2026.

2. Ld. Advocate for the Caveator, namely Ulahs Madhukar Borkar vide praecipe dated 28.01.2026 which is tendered on 29.01.2026, informed that the Hon'ble Court vide order dated 17.09.2025 directed the department to issue the grant in the names of Petitioners and Caveator namely Ulhas Madhukar Borkar. However, Department has issued the grant in the names of the petitioner. Therefore, he requested to direct the petitioners to surrender the grant and issue corrected grant in view of the aforesaid order.

3. Perused the proceeding and order dated 24.09.2025 passed by the undersigned officer. Upon taking note of the Hon'ble Court's Order undersigned directed the department was directed to issue the grant in the names of the petitioners as well as in the name of the Ulhas Borkar. However, it appears that grant is issued in the name of the petitioners. Ld. Advocate for the Caveator further pointed out that this mistake is clerical or departmental mistake. However, it is resulted in defective and non-compliant grant. Submission is accepted.

4. Matter is listed on the board today. However, Ld. Advocate for the petitioner is absent. Department informed that in pursuance of the praecipe, e-mail was sent to the Ld. Advocate for the petitioners. However, he did not respond to the said e-mail. Even, today Ld. Advocate for the Caveator informed that Ld. Advocate for the petitioners, through mobile conversation informed him that, petitioners are not following the orders and are not ready to submit the grant. In such circumstances, it will be proper to issue notice to all the petitioners through Bailiff, calling upon them to submit original grant on next scheduled date for compliance of the directions of the Hon'ble Court.

5. Hence, department to issue notice forthwith to petitioners and to the Ld. Advocate for the petitioners to remain present for submission of original grant in order for compliance of order of the Hon'ble Court, forthwith.

6. Department is directed to prepare the grant as per the directions of the Hon'ble Court so

that further delay will be avoided.

7. Next date proposed as 16.02.2026, however, service of notice will be difficult. Hence, date is scheduled on 18.02.2026. Ld. Advocate for the Caveator to take note of next scheduled date and inform the Ld. Advocate for the petitioner at his end.

8. It is made clear that, if petitioners fail to produce the original grant, issued in the matter, then appropriate action will be taken against them and for that purpose matter will be placed before Hon'ble Court.

9. S. O. to 18.02.2026 11.02.2026 Officer on Special Duty, with Testamentary Department