Ganesh Shantaram Surve v. Ravindra Narayan Surve (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 09th October, 2024 FOR COMPLIANCE:

71. TP/3855/2024 [Original] (ECHCBM0207934 2024) P. C. :

Shri. V. N. Mishra Ld. Advocate for the Petitioner 1.

Read order dated 04.10.2024 passed by the Hon'ble Court. Hence, following order;

2.

Issue Citation within two weeks from today. Issue Notice to the Collector vide Rules 396 of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules"). Issue citation to the non-consenting legal heirs of the deceased, if any. The advocate is directed to take steps. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with. Petitioner to ensure that all legal heirs of the deceased, as per the law of succession applicable to the deceased, are mentioned in the petition.

3.

Advocate to file an affidavit of Service of General Citation and also effect service upon non-consenting legal heirs, if any as per Rules 399 and 400 of BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that.

4. Office to verify if any cross-petition is filed, if crosspetition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the Bombay High Court O. S. Rules.

5.

S. O. to 26.11.2024 09.10.2024 Officer on Special Duty, with Testamentary Department