Jason Bosco Joseph Mendes v. Joseph Sylvester Mendes Alias Sylvester Joseph Mendes Alias Sylvester Mendes

P13.IA.2204.2026.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 INTERIM APPLICATION NO.2204 OF 2026 IN TESTAMENTARY PETITION NO.6704 OF 2025 Joseph Sylvester Mendes alias Sylvester Joseph Mendes alias Sylvester Mendes .. Deceased Jason Bosco Joseph Mendes Applicant (Petitioner)

IN THE MATTER OF:

Jason Bosco Joseph Mendes .. Respondent ....................

 Mr. Tejas Vora, Advocate i/by D. R. Mishra for Applicant. ..

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 24 2026 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 24.04.2026. Perused the praecipe.

2.

Heard Mr. Vora, learned Advocate for Applicant. 3.

Petition seeks issuance of Grant.

4.

Mr. Vora makes a statement that non-consenting legal heir have been duly served with the Citation and appropriate Affidavit is placed on record. He would submit that Will is of the year 1995 and both attesting witnesses have expired.

5.

In that view of the matter, he would seek dispensation of Rule 384 of the Bombay High Court (Original Side) Rules, 1980 so that

P13.IA.2204.2026.doc if required Affidavit of a person having knowledge of execution of the Will can be filed by the Petitioner.

6.

However, learned Advocate for Application would submit that such Affidavit of Mrs. Fleur Maria Mendes has already been filed and same is directed to be accepted. The Department shall ascertain the aforesaid issues and if the same are in order, accept the same and issue the Grant in accordance with law within a period of six weeks from today.

7.

Needless to state that Department is also directed to accept the Administration Bond with respect to the non-consenting legal heir and dispense with the justification of surety of non-consenting legal heir in accordance with law.

8.

With the above directions, Interim Application is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2026.04.24 19:24:10 +0530 HARSHADA HANUMANT SAWANT