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Bombay High CourtIA/5627/2025disposed off

Bharati Suryakant Shah v. Ramesh Chandulal Shah

2025-11-19Hon'Ble Justice Sharmila U. Deshmukh2 pages

39-IA-5627-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION by URMILA PRAMOD INGALE Date:

2025.11.21 10:10:35 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO.5627 OF 2025 IN TESTAMENTARY PETITION NO.1207 OF 2019 Bharati Suryakant Shah ...Applicant In the matter between

...Petitioner

Bharati Suryakant Shah

Versus

1. Ramesh Chandulal Shah (deceased)

2. Minal Shah

...Respondent

------ Mr. Vishal Pattabiraman a/w Ms. Hemali Dhande i/b R.V.J. Associates, for the Applicant/ Petitioner.

Mr. Hemant Shah, CA of Minal Hemant Shah - Respondent in-person present.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : NOVEMBER 19, 2025 P. C. :

1.

The caveator is being represented by her power of attorney holder who appears in-person. The committee constituted as per Chapter LVIIIA of the Bombay High Court Original Side Rules, 1980 has stated that they have no power to opine whether the Applicant can appear as constituted attorney to the caveator. The constituted Urmila Ingale 1 of

39-IA-5627-25.doc attorney is permitted to appear on behalf of the caveator. 2.

Learned counsel for the Original Petitioner submits that in respect of the immovable property which is a flat at Vileparle (East), the letters of administration are not claimed as the property belongs to the caveator as mutually settled amongst all the legal heirs. He seeks time to take instructions as to whether the other legal heirs are willing to execute the necessary documents for transfer of the said flat in favour of the caveator.

3.

The constituted attorney of the caveator submits that there are certain additional shares which are not set out in the schedule of the Testamentary Petition. Let the details of said shares be communicated on the next date of hearing.

4.

Stand over to 21/11/2025 under the caption "For Directions" [SHARMILA U. DESHMUKH, J.] Urmila Ingale 2 of