Disposed

Rajanikant Naranbhai Patel v. Yogeshkumar N. Patel

Bombay HC24 Apr 2024NMT/23/2019

Case brief

AI extract

What is this about?

In a testamentary suit, the plaintiff sought condonation of delay in filing attesting-witness and evidence affidavits and documents. The court allowed the motion, directed acceptance of earlier-prepared affidavits, permitted oath of an attesting witness by video conferencing, and disposed of the motion.

What did the court decide?

Delay condoned; affidavits and document compilation accepted; attesting witness may take oath via video conferencing.

Rajanikant Naranbhai Patel Vs Yogeshkumar N. Patel — Succession and Inheritance | Bombay HC (2024)

¶1

20.NMT.23.2019.doc

¶2

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

¶3

NOTICE OF MOTION NO. 23 OF 2019 IN TESTAMENTARY SUIT NO. 60 OF 2016

¶4

Rajnikant Naranbhai Patel ...Applicant IN THE MATTER BETWEEN : Rajnikant Naranbhai Patel ...Plaintiff

¶5

SHRIKANT SHRINIVAS MALANI

¶6

Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.04.29 15:17:18 +0530

¶7

Versus

¶8

Yogeshkumar Naranbhai Patel ...Defendant

¶9

¶10

 Mr. Prashant G. Karande, for the Plaintiff.

¶11

¶12

CORAM : MANISH PITALE, J. DATE : 24^th APRIL, 2024

¶13

P. C. :

¶14

By this notice of motion, the plaintiff is praying for condonation of delay in complying with the directions issued in the order dated 05^th May, 2016, whereby the plaintiff was directed to place on record the affidavit of attesting witnesses, evidence affidavit of the plaintiff, affidavit of documents and compilation of documents on or before 17^th June, 2016. In the affidavit in support of the notice of motion, the plaintiff has stated the reasons why the directions in the said order could not be complied with. It is submitted that the aforesaid affidavits and compilation of documents are all kept ready and the same can be placed on record.

¶15

It is submitted that as the said affidavits were prepared

Page1 of 2

Shrikant Malani

20.NMT.23.2019.doc

earlier in point of time, the department may be directed to accept them as it is.

¶20

It would be in the interest of justice that the present notice of motion is allowed, so that the suit can proceed further.

¶21

Accordingly, the notice of motion is allowed in terms of prayer clause (a).

¶22

The department is directed to take on record the affidavits of attesting witnesses, evidence affidavit of the plaintiff and other witnesses, as also a compilation of documents without insisting upon compliance with the amended rules.

¶23

As regards prayer clause (b) in the notice of motion, the affidavit of the attesting witness can be taken on record and oath can be administered even through video conferencing.

¶24

List for further directions on 13^th June, 2024.

¶25

Notice of Motion stands disposed of.

¶26

(MANISH PITALE, J.)

¶27

Page2 of 2

¶28

Shrikant Malani

Rajanikant Naranbhai Patel v. Yogeshkumar N. Patel

Case brief

What is this about?

What did the court decide?

Rajanikant Naranbhai Patel v. Yogeshkumar N. Patel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr. Nagaraj Narayan Rao Vs Not Applicable

Vinay Premchand Kothari Vs Alok Premchand Kothari (Caveator)

Sujata Sudarshan Shetty Vs Govind Anappa Shetty

Dinesh Pralhad Pandya vs State of Maharashtra

Imran Aslam Divkar vs Union of India and Anr.

Anil Madhusudan Dave and 2 Ors. Vs Madhusudan Ambalal Dave Alias M.A. Dave Alias Madusudan a. Dave Alias Madusudanbhai Dave (Deceased)