Shaukat H Merchant v. Bharat Jayantilal Patel (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3458 OF 2024 IN TESTAMENTARY PETITION NO.3554 OF 2021 Shaukat H. Merchant ... Applicant/Org. Petitioner No.2 In the matter of Bharat Jayantilal Patel ... Deceased Prashant Jayantilal Patel & Anr.

... Petitioners ----- Mr. Rahul Sarda i/by Darshit Jain for the Applicant. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.02.27 17:08:13 +0530 CORAM :

ARIF S. DOCTOR, J.

MUGDHA MANOJ PARANJAPE DATE :

26TH FEBRUARY 2025 P.C. :

1.

After hearing Learned Counsel appearing on behalf of the Applicant, who has in detail taken me through the law pertaining to cases of renunciation of executorship, which is what the present Interim Application is for, I was inclined to allow the same for the reasons more particularly set out in the said Interim Application. However for completeness, let the beneficiaries under the said Will also be served with notice of the present Interim Application.

Mugdha

2 904-IA 3458-24.doc 2.

Thus, to enable this, stand over to 5 th March 2025 (HOB).

3.

At this stage, Learned Counsel appearing on behalf of the Applicant seeks leave to correct prayer clause (a) by replacing the word 'registration' with the word 'resignation'. He is permitted to do so. Reverification is dispensed with. (ARIF S. DOCTOR, J.) Mugdha