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Bombay High CourtTP/2687/2024grant issued

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

2026-02-24Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th February, 2026 FOR DIRECTION :

4. TP/2687/2024 [Original] (ECHCBM02073332024) with JOT(L)/37240/2024 (AMH20230046647C202400005) with CTS(L)/38866/2024 ) ) ) ) ) ) ) ) None for the Petitioner Ms. Taiyaba T Kazi i/b Amar Gharte Ld. Advocate for the Caveator P. C. :

1.

In response to the notice issued to petitioners, vide an order dated 11th and 18th day of February 2026, to deposit the Original Grant, the bailiff has filed the report. Accordingly office has prepared the summary of the service. 2.

Notice issued to Harshal Mirashi, Ld. Advocate for the petitioner returned unserved as the office was locked. Notice issued to Deepti Prakash Valanj (Petitioner No.1) returned as refused to accept the service and she also refused the bailiff to affix the notice upon the conspicuous part of the house. Notice issued to another petitioner, namely Chandrashekhar Borkar(Petitioner No.2) is returned with the reason that he is not residing on the given address from last 06 years and the address given in the petition is incorrect. Notice issued to Milind Borkar(Petitioner No.3) is served through Post on 16.02.2026. However, he did not appear. Notice issued to Nayan Borkar (Petitioner No.4) is returned unserved, as she is not residing on the given address and this fact is told to bailiff by the non-consenting legal heirs and address is incorrect. 3.

Hence, conduct of all petitioners, particularly, addresses of the petitioner No. 2 and 4 are not correctly mentioned in the petition, though petition is verified on oath. 4.

Considering this circumstances, it will be proper to prepare a new grant as per the directions of the Hon'ble Court vide order dated 16.09.2025 and 20.09.2025. Furthermore, it would be required and proper to list the matter before Hon'ble Court for appropriate directions for handing over the fresh grant to parties to the petition and for necessary directions regarding the non-submission of the incorrect grant in the office of the Testamentary Department. Furthermore, as the petitioners are not obeying the orders of the Hon'ble Court referred herein above, it would be proper to list the matter for necessary action.

5.

Stand over to 04.03.2026, for directions 24.02.2026 Officer on Special Duty, with Testamentary Department 6.

Later on, at about 03.10. p.m. Petitioner no. 1 along with one appeared and she informed that today she has not brought the Original Grant with her as it is kept in her house. She further undertakes to produce the grant, tomorrow. Her statement is taken on record.

6.

S. O. to 04.03.2026 24.02.2026 Officer on Special Duty, with Testamentary Department