Amol Surendra Kotak v. Surendra Chhotalal Kotak (Deceased)
Case brief
What is this about?
Testamentary petition for issuance of citation. The court directed issuance of citation within two weeks, notice to the Collector and non-consenting legal heirs, compliance with Chapter XXVI requisitions, verification of any cross-petition, and adjourned the matter to 18.12.2024.
What the court decided
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th October 2024
FOR ISSUANCE OF CITATION :
- TP/5057/2024 (AMH20240128536C202 400003)
P. C. :
Ms. Jagruti Bhave i/b DEVEN DWARKADAS AND PARTNERS(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. Advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with.
- Advocate to take steps in respect of service of General Citation and also to affect the service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of BHC Rules. In case non-consenting legal heirs, the petitioner shall justify the share of such heir/s. The petitioner shall furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that, if there are another legal heir/s other than the petitioner/s.
- 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 BHC Rules.
Parties & counsel
- petitioner
TP/5057/2024 petitioner
Coram
P. A. Jagdale
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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