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Bombay High CourtTP/3810/2024grant issued

Rustom Jal Vakil v. Jal Hormusji Ardesir Vakil, Alias Jal Hormusji Ardeshir Vakil, Alias Jal Hormusji Vakil, Alias Jal

2024-08-17Shri. S. B. Bhansali (Prothonotary Senior Master))1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 17th August, 2024 FOR ISSUANCE OF CITATION :

38. TP/3810/2024 [Original] (ECHCBM0213429 2024) P. C. : Ms. Kanchan Pamnani 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 state about the parents of the deceased.

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. 10.10.2024 17.08.2024 Officer on Special Duty, with Testamentary Department

5. Later on Ld. Advocate for the petitioner moved praecipe dated 17.08.2024 and thereby seeks permission to aver the fact about the parents of the deceased as per the praecipe. Praecipe is allowed. Petitioner to carry out an amendment within two weeks from the date of uploading of this order, if petition is pending. Upon filing of the additional affidavit of the petitioner, confirming the amendment, reverification is dispensed with or petition can be re-verified. Hence, adjourned to already scheduled date.

17.08.2024 Officer on Special Duty, with Testamentary Department