Jagdish Vasanji Gala v. Pradip Vasanji Gala
Bombay HCTP/1229/2024
Case brief
AI extract
What is this about?
Testamentary petition for letters of administration where a son of the deceased allegedly took sanyas. Court issued citation subject to petitioner proving sanyas, and directed compliance with Bombay High Court O.S. Rules on notice and bonds.
What did the court decide?
Citation issued subject to proof that son of deceased took sanyas; directions for notice to Collector, service, administration bond and further steps.
What the court decided
AI extract
¶1
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 16th April, 2024
¶2
FOR ISSUANCE OF CITATION :
¶3
- TP/1229/2024 P.C. : Ms. Swati Mathkar i/b Manish Bijutkar Ld. Advocate for the [Original] Petitioner (ECHCBM0202066 2024) 1.
¶4
- Perused Petition. Ld. Advocate for the petitioner has relied upon the Judgment passed by Supreme Court in Sri. Krishna Vs. Mathura Ahir & Ors. 1980 AIR 707, 1980 SCR (2) 660 . that Judgement is about Sanyas and Sanyasi. The said Judgement is in respect of that fact of that case. Hence, petitioner is required to prove the fact that son of he deceased has taken Sanyas, subject to that requisition, citation is issued.
¶5
- Issue Citation within two weeks from today. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps and ensure that requisition under chapter XXVI of the Bombay High Court (O.S.) Rules, 1980 (for short “BHC Rules”) are complied with.
¶6
- Advocate to take steps regarding Service of General Citation as per Rule 397 of the BHC Rules and also effect service upon non- consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond, for Gross amount , vide Rule 420 of BHC Rules, within one week thereafter, if there are other legal heir including the petitioner.
¶7
- Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon’ble Court under Rule 407 of BHC Rules.
Parties & counsel
AI extract
- petitioner
Petitioner (TP/1229/2024)
Coram
AI extract
P. A. Jagdale
Case details
As recorded by the court registry
All orders in this case
17 orders share this CNR
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