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Bombay High CourtMTA/3/2025disposed off

Namrata Didar Chogle v. Amruta Rakesh Shetty

2025-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

P3.MPTL.19925.2025.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 MISCELLANEOUS PETITION (L) NO.19925 OF 2025 IN TESTAMENTARY PETITION NO.4916 OF 2024 Namrata Didar Chogle .. Petitioner

Versus

Amruta Rakesh Shetty and Ors.

.. Respondents ....................

 Mr. J. K. Shah a/w. Ms. Namrata Thakur, Advocates i/by R J Law for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 19.09.2025. Perused the praecipe.

2.

Heard Mr. Shah, learned Advocate for Petitioner. 3.

Praecipe is filed seeking restraint order on the Administrator who is one of the sister of Applicant stating that by virtue of communication dated 11.09.2025 received from Executive Engineer, Goregaon Division, Mumbai (MHADA) the possession of flat will be taken. It is stated in praecipe, Grant was already allowed on 20.12.2024.

4.

Now a Miscellaneous Petition is filed for seeking a direction to sister of Petitioner to comply with the directions in Letters of Administration and perform and discharge her duty and

P3.MPTL.19925.2025.doc responsibilities as stated in prayer clause. Petition is in the nature of Execution.

5.

This Court in its Testamentary jurisdiction cannot execute the Grants which are issued by Court. Petitioner / Applicant before the Court can pursue her remedies as available to her in Civil Court / Execution Court as available to her in law.

6.

I am informed that revocation of Grant has also been sought by Applicant.

7.

List the said Petition for revocation of Grant as per its turn before the Court.

8.

This Miscellaneous Petition stands dismissed without giving any imprimatur of this Court and giving leave and liberty to Petitioner to pursue her remedies as available to her in law. 9.

Praecipe is also disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.09.19 18:28:29 +0530 HARSHADA HANUMANT SAWANT