Hitesh Bhavarlal Jain v. Bhavarlal Maganlal Jain

38-IA-1735-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1735 OF 2024 IN TESTAMENTARY PETITION NO. 3536 OF 2023 VISHAL SUBHASH PAREKAR Hitesh Bhavarlal Jain

...Petitioner

Versus

Bhavarlal Maganlal Jain

...Respondent

VISHAL SUBHASH PAREKAR Date: 2024.07.11 19:36:10 +0530 *** Mr.Hitesh Solanki a/w Miti Shah i/by Manoj and Ashok Associates for Petitioner.

***

CORAM

:

N. J. JAMADAR, J.

DATE :

10th JULY 2024 PC.

:

1.

Heard the learned Counsel for the applicant.

2.

This is an application for issue of Special Citation to the Executor.

3.

In the application it is averred that, the petitioner has repeatedly called upon the executor to convey as to whether the executor is willing to accept the executorship. However, there is no response.

4.

In view of the reasons assigned in the application and the fact that the executor has not responded to the calls of the D.A.ETHAPE

38-IA-1735-2024 (OS).doc petitioner, the application stands allowed in terms of prayer clause (a).

5.

Special Citation be issued to the executor under Section 229 of the Indian Succession Act, 1925, returnable on 28th August 2024.

(N. J. JAMADAR, J.) D.A.ETHAPE