Appeal against revocation of grant of Letters of Administration. Appellant undertook not to alienate property during pendency. Interim application disposed; appeal listed.
Interim application No.1356 of 2024 disposed accordingly; Appeal listed.
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1 402-APP 87-24 @ IA 1356-24.doc
Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2024.05.03 18:13:52 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.87 OF 2024 IN
MISC. PETITION (L) NO.34745 OF 2023 IN TESTAMENTARY PETITION NO.534 OF 2022
Satish Surappa Poojari … Appellant (Orig. Respondent) V/s. Lata Rajesh Shetty alias Latha Rajesh Shetty … Respondent (Orig. Petitioner in Misc. Petition (L) No.34745 of 2023)
WITH INTERIM APPLICATION NO.1356 OF 2024 IN APPEAL NO.87 OF 2024 IN MISC. PETITION (L) NO.34745 OF 2023 IN TESTAMENTARY PETITION NO.534 OF 2022
Satish Surappa Poojari … Applicant/Original Appellant In the matter between Satish Surappa Poojari … Appellant (Orig. Respondent) V/s. Lata Rajesh Shetty alias Latha Rajesh Shetty … Respondent (Orig. Petitioner in Misc. Petition (L) No.34745 of 2023)
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Mugdha
2 402-APP 87-24 @ IA 1356-24.doc
Mr. Ibrahim Shaikh a/w Mr. Madhav Shah, Mr. V. D. Chandane i/by Ajinkya Gangurde for the Appellant/Applicant.
Mr. B. G. Saraf a/w Mr. Suyash Kalbhor for the Respondent.
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE : 2nd MAY 2024
P.C. :
The present Appeal impugns an order dated 21st February 2024 passed in Miscellaneous Petition (L) No.34745 of 2023.
Administration of the Will, dated 17th May 2023 in favour of the Appellant came to be revoked. It is, thus, that the Appellant has filed the present Appeal.
the Appellant that pursuant to the said grant, the Appellant has infact transferred one property of the deceased, viz., a flat, to the Appellant’s name.
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Mugdha
3 402-APP 87-24 @ IA 1356-24.doc
submits that this transfer has been incorrectly done, since the Appellant could never have acted on the basis of a grant, which has been revoked.
(ARIF S. DOCTOR, J.)
(CHIEF JUSTICE)
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Mugdha
Satish Surappa Poojari
Lata Rajesh Shetty
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
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