Bombay High CourtTP/5693/2024grant issued

Madhukanta Kanubhai Shah v. Kanubhai Moolchanddas Shah (Deceased)

2025-01-22Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 22nd January, 2025 FOR HEARING :

56 TP/5693/2024 [Original] (AMH20220001140C202 40 0002) P. C. :

Nandita Sharma i/b SHARMA SUNIL RATANLAL, Ld. Advocate for the Petitioner

1. 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 nonconsenting 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.

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 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.

4. S. O. to 12.03.2025 22.01.2025 Officer on Special Duty, with Testamentary Department