Kundan Kamal Javeri v. Kamal Hasmukhlal Javeri

24.TP.2371.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.2371 OF 2025 WITH WILL NO.934 OF 2025 IN TESTAMENTARY PETITION NO.2371 OF 2025 Kamal Hasmukhlal Javeri .. Deceased Kundan Kamal Javeri .. Petitioner ....................

 Ms. Kavisha Shah, Advocate for Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 17, 2025 P.C.

:

1.

Heard Ms. Shah, learned Advocate for Petitioner. 2.

She seeks order from the Court seeking dispensation of requisition contained in order dated 11.06.2025. 3.

Ms. Shah would submit that objection is taken on the ground that Petitioner is not a legatee to the extent of the subject matter of Petition and therefore his locus and capacity is questioned. 4.

Ms. Shah would submit that Petitioner is son of deceased. The two legatees under the Will are mother of Petitioner and sister of Petitioner. She would submit that both mother and sister have given their consent Affidavits which are placed on record at page No.29 and 32 of the Petition.

24.TP.2371.2025.doc 5.

In that view of the matter, she seeks dispensation with the requisition and objection raised in the aforesaid order. Since both Consents are in the favour of Petitioner, the requisition raised stands dispensed with.

6.

Petitioner may continue to be the Petitioner for the purpose of seeking the Grant in accordance with law.

7.

Office to proceed further in accordance with law for issuance of Grant.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.09.18 12:19:48 +0530 HARSHADA HANUMANT SAWANT