Jinal Pritesh Bohra v. Prtesh Sureshkumar @ Pritesh Suresh Bohra (Deceased)

 Before : Shri. P. A. Jagdale,
Officer on Special Duty,
With Testamentary Department
Date :- 28th July, 2023

FOR APPROVAL OF DRAFT OF JUDGE’S ORDER :

20. TP/4172/2022 P. C. : Shri. Krishkumar Jain i/b Ritesh Jain Advocate for the Petitioner

1. Record and proceedings is not available. Ld.
Advocate for the petitioner tendered the
Photocopy of the Judge’s order for perusal. I
have gone through it and it is running in 8-10
pages. Ld. Advocate for the petitioner
submitted that in a sale proceed minor has a
share, which would be subject to the provisions
of Income Tax Act. Therefore, to save the
Income tax applicable to the share detailed
order is proposed in a draft of the judge’s order.

2. However, it is discretion the Court either
to grant such relief or not. Therefore, Judge’s
Order cannot be drafted with an anticipation
that it will be approved by the Hon’ble Court as
like in other testamentary matters.
Furthermore, there are number of provisions of
Income Tax Act, which have to be considered
by the Hon’ble Court, while passing the order.
Therefore, Judge’s order cannot be approved in
present format. Hence, Ld. Advocate for the
petitioner to take steps to satisfy the Hon’ble
Court for proposed order.

3. Removed from the board, with liberty to the Petitioner to list the petition as and when required for any other directions, if any.

28.07.2023 Officer on Special Duty, with Testamentary Department