Partly allowed

A. Anant Pye v. Smt Radhabai Sanjaiva Pai

Bombay HC17 Mar 2015NMT/163/2014

Case brief

AI extract

What is this about?

The High Court disposed of a notice of motion seeking condonation of delay and recall of an order. The petition was deemed not maintainable as the caveator had succeeded to the estate via probate. The court restored the petition to file, condoned delay, and clarified no objections remained.

What did the court decide?

Delay condoned; motion disposed without recalling the 22nd July 2013 order; testamentary petition No. 504 of 2007 restored to file.

A. Anant Pye Vs Smt Radhabai Sanjaiva Pai — Succession and Inheritance | Bombay HC (2015)

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22-NMT-163-14-TP-504-07.DOC

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Sharayu

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 163 OF 2014

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IN

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TESTAMENTARY PETITION NO. 504 OF 2007

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Mr. Ammenmbal Anant Pye…Applicant
In the matter between
Mr. Ammenmbal Anant Pye…Petitioner
Versus
Ashok V. Kamath…Caveator

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Mr. Sujit Kurup, i/b M/s. Kurup Shivaji & Co., for the Petitioner.
Mr. S.S. Bhandary, i/b M/s. Bhandary & Bhandary, for the
Caveator

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CORAM:G.S. PATEL, J
DATED:17th March 2015

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PC:-

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1.This Notice of Motion seeks condonation of delay in filing
the Motion itself, and for a recall of the order dated 22nd July 2013
(Dhanuka, J.). A copy of that order is at page 19 of Affidavit in
Support (Exh.B-1). By that order, this Petition was restored to file
on condition that office objections were removed within six weeks
with no possibility of an extension. Mr. Kurup, learned Advocate
for the Petitioner, states that he has subsequently found that on the

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22-NMT-163-14-TP-504-07.DOC

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date of Mr. Justice Dhanuka’s order, the office objections had, in
fact, already been removed. For some reason, this remained to be
communicated to the department, as a result of which the Petition
was dismissed.

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2.The Motion has been served. Mr. Bhandary appears on
behalf of the Respondent to the Motion. He points out that there
have been several other Motions and that the Petitioner has been
persistently negligent in prosecuting the cause. In any event,
Bhandary submits, the Petition no longer survives because the
Respondent/Caveator in the present Petition has himself filed
Testamentary Petition No. 314 of 2008 for Probate of a Will said to
have been left by the deceased, and Probate has been granted in that
Petition.

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3.Mr. Bhandary is correct in his submission. Once the Probate
has been granted, there can be no question of Letters of
Administration being granted in respect of the estate of deceased.
Mr. Kurup will need to take appropriate steps in regard to the
Probate granted. The present Petition is, therefore, not
maintainable and Mr. Kurup very fairly concedes this position.

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4.In the circumstances, the Notice of Motion is disposed of in
the following terms:-

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(a) The delay is condoned;

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(b) It is not necessary to recall the order dated 22nd July 2013. It is clarified that there were no surviving

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22-NMT-163-14-TP-504-07.DOC

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objections that required compliance as on 22nd July
2013. This is verified by the Associate of this Court
from the record itself. Testamentary Petition No. 504
of 2007 is restored to file.

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5.The Notice of Motion is disposed of in these terms with no
order as to costs.

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(G. S. PATEL, J.)

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A. Anant Pye v. Smt Radhabai Sanjaiva Pai

Case brief

What is this about?

What did the court decide?

A. Anant Pye v. Smt Radhabai Sanjaiva Pai

Case brief

What is this about?

What did the court decide?

What the court decided

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