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Bombay High CourtIA/4062/2025disposed off

Anila Virag Dhairyawan v. Prerana Pravin Pulekar

2026-02-12Hon'Ble Justice Sharmila U. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.17 OF 2012 IN TESTAMENTARY PETITION NO.782 OF 2007 WITH TESTAMENTARY SUIT NO.18 OF 2012 IN TESTAMENTARY PETITION NO.1001 OF 2007 WITH INTERIM APPLICATION (L) NO. 27970 OF 2025 IN TESTAMENTARY SUIT NO.18 OF 2012 Prerana Pravin Pulekar ...Plaintiff/ Petitioner

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Abhay Gajanan Talpade & Ors ...Defendants/ Respondents AMOL PREMNATH JADHAV WITH INTERIM APPLICATION NO. 4062 OF 2025 AMOL PREMNATH JADHAV Date: 2026.02.16 20:41:45 +0530 Anila Virag Dhairyawan ...Plaintiff/ Petitioner

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Prerana Pravin Pulekar ...Defendants/ Respondents ------ Adv. Yahya Goghari, a/w, Adv. Mustafa Shabbir Shamim, Adv. Ms. Prasanna Pawar, i/b, Shamim & Co, for the Plaintiff/Petitioner. Mr. Priynak Kulkarni, i/b, Mr. S. R. Nirmale, for the Defendant Nos. 2 and 3.

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CORAM : SHARMILA U. DESHMUKH, J.

DATE : February 12, 2026 P. C. :

1.

The document at Serial No. 1 is photocopy of ration card. The deposition in paragraph 15 by PW2 is that the original ration card has been retained by the rationing office. As the original is not produced, either notice under Section 66 of the Evidence Act is required to be issued or rationing officer will have to be examined or summons will have to be issued to original for production. The document is marked as Article "A".

2.

The document is at Serial No. 2 is original death certificate of Kumud Rane. With consent, the same is marked as Exhibit PW-2/3. 3.

The document is at Serial No. 3 is the original death certificate of Vilas Rane. With consent, the same is marked as Exhibit PW-2/4. 4.

The document is at Serial No. 4 is original Passbook issued by Saraswat Cooperative Bank. The document is marked as Exhibit PW2/5 subject to proof of contents. TESTAMENTARY SUIT NO.18 OF 2012 5.

In connected Testamentary Suit No. 17 of 2012, the documents produced by PW2 are already marked as Exhibit/Article. The documents which are marked as Exhibits be read accordingly in Testamentary Suit No. 18 of 2012.

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6.

With consent, Ms. Adeline Rodrigues is appointed as Court Commissioner for cross-examination of PW2. All costs, charges and expenses of the Court Commissioner to be borne equally by the parties. An endeavour to be made to conclude the cross-examination in three sessions of two hours each. The preliminary meeting with the Court Commissioner to be held on 17th February, 2026 at 5:30 pm. The date of hearing be fixed by mutual convenience. 7.

Stand over to 4th March, 2026 under the caption for directions. [SHARMILA U. DESHMUKH, J.] 3 of