Shailesh Baboolal Tiwari v. Babulal Gopal Tiwari Alias Baboolal Tiwari Alias B G Tiwari (Deceased)

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 1810 OF 2026 WITH PETITION NO. 5648 OF 2024 Babulal Gopal Tiwari alias Baboolal Tiwari alias B.G. Tiwari .. Deceased Nidhi Shailesh Tiwari Applicant (Org. Petitioner) ....................

 Mr. D.R. Mishra, Advocate for Applicant / Org. Petitioner ..

...................

CORAM : MILIND N. JADHAV, J.

DATE : JANUARY 23, 2026 P. C.

:

1.

Not on board. Mentioned by way of filing a praecipe dated 22.01.2026.

2.

Heard Mr. Mishra, learned Advocate for Applicant / Org. Petitioner.

INTERIM APPLICATION (L) NO. 1810 OF 2026:- 3.

In the facts and circumstances of the present case which are enumerated in paragraph Nos. 1 to 9, I am inclined to allow the Interim Application in view of the fact that Petitioner being the wife of deceased and consents of consenting legal heirs having been filed previously before the amendment was carried out.

4.

Interim Application is allowed in terms of prayer clauses (a) and (b).

5.

Administration bond filed by the Applicant / Petitioner shall be accepted by the Department as adequate surety and it shall amount to dispensation with justifying the surety of other legal heirs. Consents of consenting legal heirs is directed to be accepted for issuance of grant.

6.

Interim Application is allowed and disposed of in the above terms.

PETITION NO. 5648 OF 2024:- 7.

In view of the above order passed in the Interim Application, Petition is taken up for hearing forthwith. Copy of the Petition is placed before me which is appended to the Interim Application from page No. 13 onwards.

8.

Prima facie after perusing the amended Petition and the statements made in paragraph Nos. 2 to 7 and the fact that the legal heirs have already given their consents previously and that legal heirs are staying at different places in India, Petition stands allowed in terms of the relief prayed for in the Petition which reads thus:-

"The Petitioner therefore prays that the Letters of Administration may be granted to the Petitioner having effect through out State of Maharashtra." 9.

Issuance of proclamation is dispensed with.

10.

Grant be issued on acceptance of administration bond within a period of two weeks from today positively.

11.

Petition is disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2026.01.23 15:18:11 +0530 RAVINDRA MOHAN AMBERKAR