Applicant in a testamentary petition sought restoration of the petition and permission to file attesting-witness affidavits after intimation to the witness was returned unserved. Court, satisfied service efforts were made, allowed filing affidavits per Rule 381/384.
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11-ia-3146-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO.3146 OF 2024 IN
TESTAMENTARY PETITION NO.2323 OF 2019
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.10.27 11:09:37 +0530
Divyang Jayantilal Turakhia ...Applicant vs. Savitaben Jayantilal Turakhia ...Deceased
Mr. Rohan Sawant a/w. Mr. Dishant Chitalia, for the Applicant.
CORAM : N. J. JAMADAR, J. DATE : OCTOBER 25, 2024
P.C.:
Vishal Parekar
...1
11-ia-3146-2024.doc
there is material to show that the applicant has made efforts to serve the attesting witness so as to file their affidavits in compliance with the requirements, I am inclined to allow the application in terms of prayer clause (a) and (b), which read as under:-
(a) Testamentary Petition No. 2323 of 2019 may be restored.
(b) The applicant may be permitted to file affidavit of his wife and daughter in law of the deceased, namely Jigna Divyang Turakhia in compliance with Rule 384 of the Bombay High Court (Original Side) Rules, 1980.
Application disposed.
(N. J. JAMADAR, J.)
Vishal Parekar
...2
1 issue framed by the court
Should the restored testamentary petition be permitted to proceed with affidavit of an attesting witness under Rule 381/384 of the Bombay High Court (Original Side) Rules, 1980?
2 provisions across 1 enactments
Divyang Jayantilal Turakhia
Savitaben Jayantilal Turakhia
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
