Prathamesh Pusphasen Sapte v. Pusphasen Gajanan Sapte (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-16th October, 2024 FOR COMPLIANCE:

94. TP/4632/2024 [Original] (ECHCBM02133832024) P. C. :

Shri. Saurabh Oka Ld. Advocate for the Petitioner 1.

Ld. Advocate for the petitioner submits that debt is lying with the person, residing within the local limit of this Hon'ble Court. Hence, vide Sec. 270 of the Indian Succession Act, 1925, this Court has jurisdiction to entertain the petition. Submission is accepted.

2.

Perused Petition. 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. 3.

Advocate to file an affidavit of Service of General Citation and also effect service upon nonconsenting legal heirs, if any as per Rules 399 and 400 of BHC Rules and also justify the surety of nonconsenting 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 cross-petition 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 02.12.2024 16.10.2024 Officer on Special Duty, with Testamentary Department