Abubakar Amir Shaikh v. Amir Papamiya Shaikh Alias A P Shaikh Alias Amir Papa Shaikh

235. IA-114-26.odt Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 114 OF 2026 IN PETITION NO. 521 OF 2025 Abubakar Amir Shaikh .. Applicant

IN THE MATTER OF:-

Amir Papamiya Shaikh alias A.P. Shaikh alias Amir Papa Shaikh .. Deceased Abubakar Amir Shaikh .. Petitioner ....................

 Ms. Rashi P. Sheth i/by Mr. Niraj Shah, Advocates for Applicant ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 24, 2026 P. C.

:

1.

Mentioned out of turn at the time of mentioning. 2.

Heard Ms. Sheth, learned Advocate for Applicant / Petitioner 3.

Petition has been accepted. Ms. Sheth informs the Court that non-consenting legal heirs have already being effected citation. Since they have not responded within the prescribed period, present Interim Application is filed by Applicant / Petitioner for proceeding with Letters of Administration.

235. IA-114-26.odt 4.

Interim Application is filed for taking on record the aforesaid facts regarding issuance of citation and permitting the Applicant / Petitioner to proceed with hearing of Petition for issuance of grant. 5.

Ms. Sheth assures the Court Petitioner is ready and willing to justify the surety of non-consenting legal heirs. Said statement is recorded by Court as undertaking given to this Court. 6.

In view of the above, present Interim application is allowed and disposed in terms of prayer clauses (a) to (c). 7.

That apart leave is granted to the Petitioner to justify the surety of non-consenting legal heirs to the satisfaction of the Registry. If the same is in order, Petition stands allowed and the grant shall be issued to the Petitioner within a period of three weeks from the date of such compliances having effected.

8.

Petition is disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2026.04.24 15:47:50 +0530 RAVINDRA MOHAN AMBERKAR