Satwant Shyamlal Shahri v. Shyamlal Fatechand Shahri (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 20th June, 2025 CALLED FOR DIRECTION:

11.TP/2592/2025 Mr. Y. C. Parikh, Ld. Advocate for the Petitioner. P. C. : 1.

By the praecipe dated 20.06.2025, Ld. advocate for the petitioner seeks permission to amend the name of the deceased, as suggested in the praecipe. Submission is accepted and praecipe stands allowed. Re-verification stands dispensed with upon filing additional affidavit of the petitioner, confirming the proposed amendment. Amendment to be carried out within 02 weeks from the date of uploading this order, if the petition is pending.

2. Perused Petition. Issue Citation within two weeks from the date of uploading of this order. 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, 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 01.08.2025.

Officer on Special Duty, with Testamentary Department 20.06.2025