Russel Stanny John v. Joseph Drego Alias John Joseph Drego Alias Drego John Joseph (Deceased)

52.MPT.609.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.609 OF 2025 Joseph Drego alias John Joseph Drego alias Drego John Joseph .. Deceased Russel Stanny John .. Petitioner ....................

 Mr.Shane Cardoz, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 12, 2025.

P.C.:

1.

Heard Mr. Cardoz, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Joseph Drego alias John Joseph Drego alias Drego John Joseph. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.8 of the Petition. I have perused the same. 3.

There are 10 legal heirs out of which three (3) legal heirs have predeceased the deceased. Consent affidavits dated 20.07.2025 of (1)Juliet Violet John, (2)Melvin Peter John, (3)Carol Carmen John, (4)Wilfred Domnic John, (5)Harold Mathew John, and (6)Gail Monica

52.MPT.609.2025.doc John, the legal heirs are filed on record and appended at page Nos.65, 69, 73, 77, 81 and 85 of Petition.

4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses 'a' and 'b' which read thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner along with the heirs mentioned above in Paragraph no. 4 viz; Sr. No. 3a to 3g. as under:-(3a) Juliet Violet John, (3b) Melvin Peter John, (3c) Carol Carmen John, (3d) Wilfred Domnic John, (3e) Harold Mathew John, and (3f) Russel S. John and (3g) Gail Monica John are the only heirs and legal representatives of the said deceased. 5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

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

2025.09.13 16:54:04 +0530 HARSHADA HANUMANT SAWANT