Allowed

Mr.Mahesh Jethalal Rathod v. Mr.Girish Jethalal Rathod and Anr.

Bombay HC23 Mar 2016MPT/26/2015

Case brief

AI extract

What is this about?

The Court revoked interim Letters for Administration with Will annexed granted in a previous Testamentary Petition due to the respondent's agreement, restored the earlier proceedings, and directed the petitioner to file a caveat within a stipulated time.

What did the court decide?

Revocation of Letters for Administration with Will annexed dated 24th December 2013; restoration of Testamentary Petition No. 1289 of 2012.

Mr.Mahesh Jethalal Rathod Vs Mr.Girish Jethalal… — Succession and Inheritance | Bombay HC (2016)

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918-MPT26-15.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 26 OF 2015

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IN

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TESTAMENTARY PETITION NO. 1289 OF 2012

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Mr. Mahesh Jethalal Rathod…Petitioner
Versus
Girish Jethalal Rathod & Anr.…Respondents

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Mr. Bidan Chandran, with Ms. Rajashree Nair, for the Petitioner.
Mr. Ashish Dubey, for the Respondents.

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CORAM: G.S. PATEL, J DATED: 23rd March 2016

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PC:-

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1.The Respondent is agreeable to the relief in this Petition that
the Letters for Administration with Will annexed granted on 24th
December 2013 be revoked. Accordingly, the Petition is made
absolute in terms of prayer clauses (a) and (b), which read as
follows:

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“(a) The this Hon'ble Court be pleased to revoke the Letters of Administration dated 24th December 2013 granted to Respondent No. 1 in respect of the estate of late Smt. Danibai J. Rathod in Testamentary Petition No. 1289 of 2012.

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918-MPT26-15.DOC

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(b)That this Hon'ble Court be pleased to restrain the respondent his servants, agents or any person or persons claiming through under or by him permanently by an order of injunction of this Hon'ble Court in any manner dealing with and/or using the letters of Administration dated 24th December 2013 which has been granted under the Testamentary Petition No. 1289 of 2012 in respect of suit property room No. D-1/4 in Navjagruti Co-operative Housing Society Ltd., Subhash Nagar, Teen Dongri, Goregaon (West), Mumbai 400 090, Regn No.

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BOM/WP/HSG/TO/3924/1988-89 and also holding five shares bearing no. 31 to 35 under certificate No. 31”

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2.The Letters of Administration with Will annexed issued on
24th December 2013 are revoked, cancelled and annulled.
Testamentary Petition No. 1289 of 2012 is restored to file.

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3.The present revocation Petitioner, viz., Mahesh Jethalal
Rathod shall on or before 13th April 2016 file and serve his Caveat
and Affidavit in Support to the Testamentary Petition No. 1289 of
2012.

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4.On behalf of the revocation Petitioner, a statement is made
that he and his Advocate have a complete copy of Testamentary
Petition No. 1289 of 2012. However, they shall be entitled to obtain

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918-MPT26-15.DOC

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ordinary copies of such documents as they need from the record of
this matter on payment of costs, charges and expenses, if necessary,
from the Registry. There will be no extension of time to file the
Caveat and Affidavit in Support.

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5.The Miscellaneous Petition is disposed of in these terms
with no order as to costs.

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(G. S. PATEL, J.)

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Mr.Mahesh Jethalal Rathod v. Mr.Girish Jethalal Rathod and Anr.

Case brief

What is this about?

What did the court decide?

Mr.Mahesh Jethalal Rathod v. Mr.Girish Jethalal Rathod and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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