Disposed
Rajendra Dayaram Chaurasiya v. Ram Murat Kamta Prasad Chaurasiya........Deceased
Bombay HCTP/629/2014
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY
What the court decided
AI extract
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R7-TP-629-2014.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.629 OF 2014
Ram Murat Kamta Prasad Chauraisya…Petitioner
Versus
Shubhangi Ghanshyam Vispute…Respondent
Mr. Prabhu Velar, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:24th June 2016
PC:-
1. Mentioned. Not on board. Taken on board.
2.Mr. Velar states that this Petition is not maintainable because
it has been filed seeking Letters of Administration by the nephew of
the deceased. He is admittedly not entitled to maintain this Petition.
A submission is made that a fresh Petition will be filed by the
deceased’s brother. Mr. Velar only seeks that the Court fees paid in
this Petition, if allowed to be withdrawn, be permitted to be used or
adjusted against the Court Fees payable on the Petition to be filed by
the deceased’s brother. This is not unreasonable, given the
circumstances. I see no reason why Court Fees should have to be
paid twice over, especially since the first petition (the present one) is
Page 1 of 2
24 June 2016
R7-TP-629-2014.DOC
not being dismissed on merits, or being withdrawn for any reason
other than the realization that it was mistakenly filed.
3.On Mr. Velar’s request, the Petition is allowed to be
withdrawn with leave to the deceased’s brother to file a fresh
Petition seeking Letters of Administration to the estate of the
deceased. The Court fees paid in Testamentary Petition No. 629 of
2014 will, on an application made by Mr. Velar, be treated and
adjusted as the Court Fees due on the Petition brought by the
brother of the deceased.
(G. S. PATEL, J.)
Page 2 of 2
24 June 2016
Ram Murat Kamta Prasad Chauraisya
Shubhangi Ghanshyam Vispute
G.S. PATEL
As recorded by the court registry
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