Allowed

Pankaj Jamnadas Khakhar v. Bharat Jamnadas Khakhar - Caveator

Bombay HC22 Feb 2024IA/218/2020

Case brief

AI extract

What is this about?

The Court allowed an interim application in a testamentary petition for issuance of witness summons to the attesting witnesses of a Will dated 1.1.1997, as they had failed to file affidavits despite being contacted. The summons were returnable on 27.3.2024.

What did the court decide?

Witness summons issued to Mr. Pankaj Occhavlal Desai and Mr. Pinal Rameshbhai Shah for examination before the Court.

Pankaj Jamnadas Khakhar Vs Bharat Jamnadas Khakhar… — Succession and Inheritance | Bombay HC (2024)

bipin prithiani

34-ia-218.20.doc

BIPIN DHARMENDERPRITHIANI Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2024.02.26 11:35:02 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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INTERIM APPLICATION NO. 218 OF 2020 IN

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TESTAMENTARY PETITION NO. 125 OF 2017

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… Pankaj Jamnadas Khakhar Applicant In the matter between : Pankaj Jamnadas Khakhar … Petitioner

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Mrs. Radhaben Jamnadas Khakhar … Deceased

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Ms. Namita Shirke i/by Jaydeep Thakkar for the Applicant/ Petitioner.

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CORAM: MANISH PITALE, J. DATE : 22^nd FEBRUARY, 2024

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P.C. :

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. The petitioner has moved the present application for issuance of witness summons to the attesting witnesses to the subject Will. It is the case of the applicant/petitioner that despite reaching out to the attesting witnesses, they have not come forward to file their affidavits.

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For the reasons stated in the application, the same is allowed in terms of prayer clauses (a) and (b), which read as follows :

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“a) By an order and direction of this Hon’ble Court witness summons be issued to Mr. Pankaj Occhavlal Desai residing at DLH, Prabhuvandan, 9^th Floor, Block No.902,

bipin prithiani

34-ia-218.20.doc

Off. Veera Desai Rao, Andheri (West), Mumbai – 400 058 for giving evidence in respect of the Will dated 2.1.1997 of Late Mrs. Radhaben Jamnadas Khakhar, and to examine him before examination of the Applicant.

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b) By an order and direction of this Hon’ble Court witness summons be issued to Mr. Pinal Rameshbhai Shah residing at Panchsheel Garden Society, F/404, Dhanukar Wadi, Mahavir Nagar, Kandivali (West), Mumbai – 400 067for giving evidence in respect of the Will dated 2.1.1997 of Late Mrs. Radhaben Jamnadas Khakhar, and to examine him before examination of the Applicant.”

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Accordingly, summons be issued to the above mentioned attesting witnesses, returnable on 27^th March, 2024 .

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This Court is informed that a caveat has been lodged in the present petition, but, it is still on lodging number and objections are not being removed. Today, there is no appearance on behalf of the caveator. It is made clear that on the next date of listing, this Court will consider passing appropriate orders in the caveat.

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MANISH PITALE, J.

Pankaj Jamnadas Khakhar v. Bharat Jamnadas Khakhar - Caveator

Case brief

What is this about?

What did the court decide?

Pankaj Jamnadas Khakhar v. Bharat Jamnadas Khakhar - Caveator

Case brief

What is this about?

What did the court decide?

What the court decided

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