Pravin Dagadu Rohekar v. Durgabai Dagadu Rohekar (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 15th February 2025 FOR ISSUANCE OF CITATION :

39.TP/714/2025 (On-line filing) P. C. :

S. U. Lakadawala i/b LAKDAWALA AND COMPANY(P), Ld. Advocate for the Petitioner 1.

Perused Petition. Issue Citation within two weeks from today. Issue Notice to the Collector vide Rules 396 of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules"). Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions (Such as prayer, explanation of the delay, if any, etc) under Chapter XXVI of the BHC Rules are complied with. Petitioner to amend the relation of Nikhil and Sneha with the deceased. At this juncture, Ld. Advocate for the petitioner moved a praecipe. Read Praecipe dated 15.02.2025. The petitioner is permitted to carry out the amendmedment as prayed. Re-verification is dispensed with. Amendment to be carried out within 02 weeks, if the petition is pending. 2.

Advocate to take steps in respect of service of General Citation and also to affect the service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of BHC Rules. In case non-consenting legal heirs, the petitioner shall justify the share of such heir/s. The petitioner shall furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that, if there are another legal heir/s other than the petitioner/s.

3. Office to verify if any cross-petition is filed, if crosspetition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the BHC Rules.

4. S. O. to 04.04.2025 15.02.2025 Officer on Special Duty,