Hina Jawahar Desai v. Hira Jitendra Goradia

P8.TP.2707.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY PETITION NO.2707 OF 2025 Hira Jitendra Goradia .. Deceased Hina Jawahar Desai and Ors.

.. Petitioners ....................

 Mr. Gobinda C. Mohanty a/w. Mr. Prabhu Velar, Advocates for Petitioners.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 09, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 09.09.2025. Perused the praecipe.

2.

Heard Mr. Mohanty, learned Advocate for Petitioners. 3.

The praecipe is moved for dispensing with the office objection on the count that Petitioner No.2 has filed the Petition on behalf of her sister Petitioner No.4. Thus in view of Section 243 of the Indian Succession Act, the Petition, in the opinion of the Department, cannot be entertained.

4.

The learned Counsel for the Petitioner invited the attention of the Court to an order dated 12.02.2024 passed in Petition No.4400 of 2023, whereby in an identical situation, this Court has granted permission to institute the Petition through a Power of Attorney. 5.

The conditions stipulated by Section 243 of the Indian

P8.TP.2707.2025.doc Succession Act appear to have been fulfilled. Thus, the office objection that the Petition cannot be entertained stands dispensed with. 6.

The Department to proceed with the petition in accordance with law.

7.

Praecipe is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.09.09 17:23:34 +0530 HARSHADA HANUMANT SAWANT