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Bombay High CourtTP/4615/2024grant issued

Suresh Deumal Mirchandani v. Vineeta Deumal Mirchandani (Deceased)

2024-10-05Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 05th October 2024 FOR ISSUANCE OF CITATION :

25. TP/4615/2024 (ECHCBM0215000 2024) P. C. : Shri. Nameet Karani i/b harakhchand co Ld. Advocate for the Petitioner 1.

Perused Petition. Issue Citation within two weeks from the date of carrying out the amendment. 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 take steps to correct the relationship of the petitioner with the deceased.

2.

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.

3. 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.

4. S. O. to 21.11.2024 05th October 2024 Officer on Special Duty, with Testamentary Department

5. Later on Ld. Advocate for the petitioner moved a praecipe dated 05.10.2024 and thereby prays to amend the petition by making an averment about the relationship of the Sarla and Maya with the deceased. Submission is accepted. Praecipe is allowed. Upon filing of the additional affidavit of the petitioner, confirming the amendment, re-verification is dispensed with. Petitioner to carryout an amendment within two weeks from the date of uploading of this order, if petition is pending. After carrying out the amendment, office to issue citation.

05th October 2024 Officer on Special Duty, with Testamentary Department