Veena Jhaman Asnani v. Murlidhar Chetandas Jethwani

214.MPT.222.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.222 OF 2025 IN TESTAMENTARY PETITION NO.1755 OF 2021 Chetandas Verhomal Jethwani .. Deceased Veena Jhaman Asnani .. Petitioner Murlidhar Chetandas Jethwani .. Respondent WITH INTERIM APPLICATION NO.134 OF 2025 IN MISCELLANEOUS PETITION NO.222 OF 2025 ....................

 Mr. Maulik K. Tanna a/w. Mr. Krupesh S. Bhosle, Advocates for Petitioner.

 Mr. Miraj Bharapuria a/w. Mr. Pradeep Chaurasiya, Advocates for Repondent.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 10, 2025 P.C.

:

1.

Heard learned Advocates appearing for the parties. 2.

Reply has been filed in Petition seeking grant. Respondent who has procured the Grant has admitted the discrepancy. He admits that Petitioner is daughter of deceased and legal heirs and in that view of the matter does not contest Petition. Petition stands allowed in terms of prayer clauses (a) to (d) which read thus:- "(a) That the order dated 27.10.2021 passed by the Ld. Company Registrar / Testamentary Registrar in the above Testamentary Petition thereby directing the issuance of grant of Succession Certificate be declared as illegal, null and void, bad-in-law and

214.MPT.222.2025.doc the same be quashed and set aside;

(b) That the Grant of Succession Certificate granted by this Hon'ble Court to the Respondent in Testamentary Petition 1755 of 2021 vide Order dated 27.10.2021 be forthwith revoked; (c) That the Respondent his servants, agents and persons claiming by, through or under him may be restrained by a permanent order and injunction of this Hon'ble Court from in any manner dealing with and/or disposing off or creating any third party rights in the properties which are granted under the Succession Certificate vide the said Order dated 27th October, 2021. (d) That the Respondent his agents, servants and persons claiming by, through or under him may be restrained by a permanent order and injunction of this Hon'ble Court from in any manner acting upon or giving effect to the said Grant of Succession Certificate vide Order dated 27th October, 2021." 3.

Original grant be submitted with a period of two weeks from today.

4.

Parties are directed to apply for a fresh grant if either parties wish to do so. Reverification stands dispensed. Petition stands allowed and disposed.

5.

In view of disposal of Petition, Interim Application is also disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.10.13 15:09:57 +0530 HARSHADA HANUMANT SAWANT