COURT OF JUDICATURE AT BOMBAY TESTAMENTARY
Petition for Letters of Administration allowed to be withdrawn with undertaking regarding specific flat rights.
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928-TP-771-13.DOC
Sharayu.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 771 OF 2013
Soona Jamshed Naegamvala alias Soona Burjor ...Deceased
Pastakia
Versus
Marzban Dadi Naegamvala...Petitioner
Mr. J. Udaipuri, i/b Bhupendra Singh, for the Petitioner
Petitioner present in Court.
CORAM: G.S. PATEL, J DATED: 16th October 2015
PC:-
1.The Petitioner, Mr. Marzban Dadi Naegamvala, is personally
present in Court. This Petition has been restored to file by a
separate order passed today in Miscellaneous Petition No. 61 of
2015. Mr. Naegamvala states that he wishes to withdraw the present
Petition. The Petition allowed to be withdrawn. Refund of Court
fees, if any in accordance with rules. No order as to costs.
2. Since Mr. Marzban Dadi Naegamvala is no longer pursuing the Petition for Letters of Administration, he has no cause or reason to visit the Meher Apartments Co-operative Housing Society Ltd in
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928-TP-771-13.DOC
relation to Flat No. 32A in that society. He agrees and undertakes
not to do so in relation to that flat or to make any claim or enter into
correspondence with the Society in respect of that flat without
leave of the Court.
3.It is noted that Mr. Naegamvala is contesting certain other
Testamentary Petitions in which he has filed Caveats. He intends to
pursue those. Those disputes also cover this very flat. It is clarified
that the present order is expressly without prejudice to Mr.
Naegamvala’s rights and contentions as canvassed in those Caveats,
and that neither the withdrawal of this Petition nor his undertaking
as recorded earlier is to be understood as in any way compromising
his opposition as set up in those Caveats. All of Mr. Naegamvala’s
contentions in those Caveats (and their respective Affidavits in
Support) are specifically kept open including in relation to the
Meher Apartments flat.
(G. S. PATEL, J.)
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Marzban Dadi Naegamvala
Soona Jamshed Naegamvala alias Soona Burjor Pastakia
G. S. PATEL
As recorded by the court registry
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