Vinodkumar Gautamlal Shah v. Kokilaben Vinodkumar Shah (Deceased)

14-IA-2578-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2578 OF 2024 IN TESTAMENTARY PETITION (L) NO.25058 OF 2021 Vinodkumar Gautamlal Shah ...Applicant

Versus

Kokilaben Vinodkumar Shah (deceased) ...Deceased *** Mr. Prabhu Velar a/w Mr. Niraj Punmiya for the Applicant. *** by ETHAPE DNYANESHWAR ASHOK Date: 2024.09.27 11:54:35 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

26th SEPTEMBER 2024 PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This is an application to set aside the order dated 20th July 2023, dismissing the Testamentary Petition (L) No.25058 of 2021 for non-removal of office objections and to restore the Testamentary Petition to file.

3.

For the reasons assigned in the Application and to advance the cause of substantive justice, order dated 20th July 2023 dismissing the Testamentary Petition for non-compliance of office objections/requisitions stands set aside and Testamentary Petition stands restored to file subject to the petitioner complying D.A.ETHAPE

14-IA-2578-2024 (OS).doc with office objections/requisitions within a period of eight weeks.

4.

In the event of non-compliance of the office objections within the said period of eight weeks, this order shall stand recalled and Testamentary Petition (L) No. 25058 of 2021 dismissed without further reference to the Court. 5.

Application stands disposed.

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