Single judge adjourned application for draft judge’s order approval due to petitioner's failure to explain allotment of new tenement and non-payment of Court fee.
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Before : Shri. P. A. Jagdale,
Officer on Special Duty,
With Testamentary Department
Date :- 23rd October, 2023
FOR APPROVAL OF DRAFT OF THE JUDGE’S ORDER :
45. TP/3675/2022 P. C. :None for the Petitioner
1. Perused draft of the Judge’s order submitted
online for sale of the immovable property,
along with affidavit of the petitioner affirmed
on 14.10.2023, copy of the grant issued on
17.06.2023, copy of the letter issued by the
MHADA dated 01.07.2023 along with its
translation, copy of the agreement for sale
registered on 20.09.2023.
2. It appears that petitioner had applied for
grant of Letters of Administration in respect of
the properties mentioned at the schedule as per
submission of petitioner in pursuance of the
Exhibit-B of the Judge’s order, MHADA issued a
letter on 01.07.2022 and thereby allotted a
new tenement in respect of the property shown
in the schedule of the petition. Therefore, at
the time to presentation of the petition i.e.
24.02.2022 petitioner was aware about the
allotment of new tenement against the old
property shown in the schedule. Hence,
petitioner to explain the same. Furthermore,
petitioner to pay the requisite Court fee in this
regard. Hence, adjourned.
3. S. O. to 01.11.2023
23.10.2023 Officer on Special Duty,
with Testamentary Department
23.10.2023
3 issues framed by the court
Whether the petitioner applied for Letters of Administration while aware of the new tenement allotment by MHADA.
Whether the petitioner must explain the allotment of a new tenement against the property scheduled in the petition.
Whether the requisite Court fee was paid for the proceeding.
Petitioner
P. A. Jagdale
As recorded by the court registry
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