Disposed
Kusum Shantilal Shah v. Mohan Gangaram. Patil
Bombay HCMPT/44/2008
Case brief
from the order text
What is this about?
HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
MISC.PETITION NO.44 OF 2008
IN
TESTAMENTARY PETITION NO.123 OF 1985
Kusum Shantilal Shah.. Petitioner
Versus
Mohan Gangaram Patil.. Respondent
Mr.J.S.Kini i/b. Suresh Dubey for petitioner
Mr.Murudkar for respondent No.1 and 2
CORAM :S.C.DHARMADHIKARI, J.
DATE:13th February 2009.
P.C.
.The petition is argued for some time but
the petitioner sought leave to move a chamber
summons for its amendment.
2.The chamber summons has been duly served
and matter was placed for orders today.
3.Upon seeking instructions, Mr.Kini prays
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for leave to withdraw the Misc.Petition with
liberty to file a fresh petition, seeking relief
of removal of Mohan Gangaram Patil as an Executor
so also for appropriate directions to him for
rendering accounts and furnishing such
particulars and details about the estate as are
available with him.
4.The petition is allowed to the withdrawn
with liberty to file fresh petition. All
contentions of the petitioner and respondent are
kept open and no opinion is expressed thereon.
Petition dismissed as withdrawn with liberty as
above. In the light of this withdrawal, Chamber
Summons No.14 of 2009 does not survive and stands
disposed of accordingly.
NOTICE OF MOTION NO.87 OF 2008
WITH
NOTICE OF MOTION NO.130 OF 2008
WITH
NOTICE OF MOTION NO.3 OF 2009
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.These motions stand disposed of in the
light of the withdrawal of the petition.
However, ad-interim orders, if any, operating as
of today, shall continue to operate for a further
period of six weeks to enable the petitioner to
take out appropriate proceedings for such
reliefs.
(S.C.Dharmadhikari, J)
Kusum Shantilal Shah
Mohan Gangaram Patil
S.C.Dharmadikari
As recorded by the court registry
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