Smt.Meera Yogish Kini v. Nandini Umesh Bhat
Case brief
What is this about?
An application to join the applicant as a respondent in a testamentary petition was considered. The court noted procedural irregularities regarding service of citation. The chamber summons was allowed to be withdrawn to permit filing as a suit later.
What did the court decide?
The Chamber Summons is allowed to be withdrawn with no order as to costs.
What the court decided
921-CST-94-15-TP-190-15.DOC
Sharayu.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
CHAMBER SUMMONS NO. 94 OF 2015
IN
TESTAMENTARY PETITION NO. 190 OF 2015
Smt. Nandini Umesh Bhat…Applicant
In the matter of
Smt. Meera Yogesh Kini...Petitioner
Versus
Smt. Nandini Umesh Bhat...Proposed
Respondent
Ms. Sneha Prabhu, with Mr. Som Sinha, for the Applicant.
Mr. Suresh Dubey, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:21st August 2015
PC:-
1.Mr. Dubey for the Petitioner is possibly correct in pointing
out that this Chamber Summons by the Applicant suffers from
what he describes as a fatal overenthusiasm. The Applicant seeks to
be joined as a Respondent to the Petition. She is yet to be served
with a citation. She is named as one of the heirs in the Petition
itself. Ms. Prabhu for the Applicant says that the Petitioner appears
to have received a copy of the Petition but not the citation itself. As
Issues for consideration
2 issues framed by the court
Whether a Chamber Summons should proceed when the proposed respondent has not been served with citation.
Whether the Chamber Summons can be withdrawn to allow the petitioner to file the petition as a suit upon service of citation.
Parties & counsel
- applicant
Smt. Nandini Umesh Bhat
- petitioner
Smt. Meera Yogesh Kini
- respondent
Smt. Nandini Umesh Bhat
Coram
Case details
As recorded by the court registry
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