Shalaka Prashant Phatak v. Vishvanath Laxman Kale

2024:BHC-OS:14144 46 IA 2384 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2384 OF 2024 IN TESTAMENTARY PETITION NO.3040 OF 2019 Shalaka Prashant Phatak ...

Applicant/Petitioner Vishvanath Laxman Kale @ Vishwanath Laxman Kale ...

Deceased Mr. Saurabh Oka, for Applicant.

CORAM: N.J.JAMADAR, J.

DATE :

12 SEPTEMBER 2024 P.C.

1.

Heard the learned Counsel for the Applicant.

2.

Learned Counsel for the Applicant submits that necessary steps to remove office objections would be taken within a period of two weeks in the event the Testamentary Petition is restored.

3.

For the reasons assigned in the application and to advance the cause of substantive justice, the application stands allowed. 4.

The order dismissing the Testamentary Petition pursuant to a notice dated 25 April 2022 stands recalled qua TP No.3040 of 2019, subject to the Applicant complying with the office objections/requisitions within a period of four weeks from the date of uploading of this order. 5.

In the event, the office objections/requisitions are not removed within a period of four weeks, this order shall stand recalled and the Testamentary SSP 1/2

46 IA 2384 OF 2024.doc Petition dismissed without reference to the Court. 6.

Interim Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 13/09/2024 10:13:28