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Bombay High CourtMPT/515/2024disposed off

Manish Navinchandra Shah v. Chanchalben Ratilal Shah (Deceased No. 1)

2025-09-20Hon'Ble Shri Justice Milind N. Jadhav2 pages

4.MPT.515.2024.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.515 OF 2024 IN TESTAMENTARY PETITION NO.1897 OF 2022 Chanchalben Ratilal Shah Navinchandra Ratilal Shah .. Deceased Manish Ratilal Shah .. Petitioner

Versus

Uttam Ratilal Shah .. Respondent ....................

 Mr. Prabhu Velar a/w. Ms. Bhakti Patil, Advocates for Petitioner.  Mr. Ansh Karnawat a/w. Ms. Shaymli Hajela, Advocates M/s. H and M Legal Associates for Respondent.

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CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2025 P.C.

:

1.

Heard Mr. Velar, learned Advocate for Petitioner and Mr. Karnawat, learned Advocate for Respondent.

2.

Petition is filed for revocation. At the outset, the Petition can be heard. Learned Advocate for Respondent Mr. Karnawat in whose favour the Grant has been issued has brought the copy of original Grant in the Court itself with instructions to agree to the Petition. 3.

In that view of the matter, Petition stands allowed in terms of prayer clauses (a) to (d) subject to following clarification. 4.

In so far as prayer clauses (b) and (c) are concerned, the Mr.

4.MPT.515.2024.doc Karnawat has handed over the original copy of the Grant and original share certificate of Abott India Limited bearing Register Folio No.C001416 and share certificate No.0009866. The same is directed to be handed over to the learned Registrar of the Testamentary Department by the Court Associate.

5.

In so far as prayer clause (d) is concerned, Mr. Velar's informs the Court that Testamentary Petition No.680 of 2023 filed by present Petitioner in respect of property and credits of the deceased No.2 has been allowed by the Court by order dated 12.12.2023. 6.

He persuades the Court to permit the said Petition to be proceeded further. If that be the case, copy of the order shall be handed over to Advocate for Respondent before me so that he will take appropriate instructions to take further steps therein in accordance with law. This is primarily because it is Mr. Velar's contention that the present Petitioner is the only legal heir of the deceased to the exclusion of Respondent.

7.

All contention of parties are otherwise expressly kept open. 8.

With the above directions, revocation Petition stands allowed and granted in the above terms.

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

2025.09.22 10:49:01 +0530 HARSHADA HANUMANT SAWANT