Bombay High CourtTP/2242/2025grant issued

Ayushi Snajeev Agarwal v. Sanjeev Pitambarda Agarwal Deceased

2025-06-24Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 24th June, 2025 CALLED FOR DIRECTION:

81.TP/ 2242/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Renuka Baria i/b. Amit Singh, Ld. Advocate for the Petitioner. P.C.:

1. Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the schedule-I of the petition, in terms of the proposed amendment, stated in the said praecipe, dated 24.06.2025. Proposed amendment is appeared to be relevant. Hence, submission is accepted. Petitioner to carry out an amendment withing period of 02 weeks from the date of uploading this order, if the petition is pending. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment.

2. Perused Petition. Issue Citation within two weeks from the date of uploading the amended petition. 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. The advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules (such as proper prayer, information of the legal heirs, explanation of delay vide 382 of BHC Rules, etc.) are complied with.

3. 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 nonconsenting 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.

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

5. S.O. to 06.08.2025 Officer on Special Duty, with Testamentary Department 24.06.2025