Sandesh Shankar Walkar v. Shankar Krishna Walkar(Deceased)
Case brief
What is this about?
Testamentary petition for issuance of citation. The court directed issuance of citation and notice to the Collector under the Bombay High Court Original Side Rules, service on non-consenting legal heirs if any, compliance with requisitions, filing of administration bond, and posted the matter to a later date.
What the court decided
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 05th October 2024
FOR ISSUANCE OF CITATION :
- TP/4706/2024 [Original] (ECHCBM02064742024)
P. C. : Shri. KUNAL SUNIL JADHAV(P),, Ld. Advocate for the Petitioner
- Perused Petition. Issue Citation within two weeks from today. Issue Notice to the Collector vide Rules 396 of the Bombay High Court (O.S.) Rules, 1980 (for short “BHC Rules”). Issue citation to the non-consenting legal heirs of the deceased, if any. The advocate is directed to take steps. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with.
- Advocate to file an affidavit of Service of General Citation and also effect service upon non-consenting legal heirs, if any as per Rules 399 and 400 of BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that.
- Office to verify if any cross-petition is filed, if cross-petition is filed, then take steps to place before the Hon’ble Court under Rule 407 of the Bombay High Court O. S. Rules.
- S. O. to 27.11.2024
05th October 2024 Officer on Special Duty, with Testamentary Department
Parties & counsel
- petitioner
Petitioner (Testamentary Petition 76/TP/4706/2024)
Coram
P. A. Jagdale
Case details
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