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Bombay High CourtTP/3061/2024grant issued

Jaihari Harshan Kollara v. Suma Harshan Kollara (Deceased)

2024-10-22E.B. Sivakumar Incharge Prothonotary And Senior Master1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 22nd October, 2024 FOR DIRECTION :

2. TP/3061/2024 [Original] (ECHCBM02000252024) P. C. :

Shri. S U Lakdawala Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner moved a praecipe dated 15.10.2024 along with praecipe, dated 22.10.2024, and schedule attached to the praecipe. Praecipe is allowed. Petitioner to carry out an amendment as per the schedule annexed to the praecipe.

2.

It appears that when the present petition was filed, the petitioner was aware about the Will of the deceased and in fact, another petitioner for grant of probate has been filed in respect of the said Will. No doubt, number of the said petition was not aware to the petitioner, but the petitioner was aware about the said proposed proceeding along with the Will. Hence, statement made in paragraph No. 3 of the petition is appeared to be not correct. Hence, the petitioner to clarify the same and also state the reason for filing this petition, so that, office will be able to verify that whether the petition is maintainable or not.

3.

Petitioner to carry out proper and detail amendment as mentioned in the last paragarpah within three weeks from the date of uploading of this order, if petition is pending.

4.

Removed from the board. After amendment, office to verify the pettiion as per the Chapter XXVI of the Bombay High Court (O. S.) Rules, 1980. 22.10.2024 Officer on Special Duty, with Testamentary Department