Subrahmanya Baliga vs Dayanand Vaman Baliga Alias Balinga D Alias Dayananda Vaman Baliga Deceased — Bombay HC (2026) — LawSathi Research

Subrahmanya Baliga vs Dayanand Vaman Baliga Alias Balinga D Alias Dayananda Vaman Baliga Deceased — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction order only: office to verify compliance with Rules 397, 396 and 420 of the Bombay High Court (OS) Rules, 1980 (pasting citation on notice boards of the Hon'ble High Court and Collector's Office if unmet), petitioner to complete Rule 396 requisitions including notice to the Collector with true copy of Schedule-I and to execute the Administration Bond (Form No. 118) for the gross amount per Rule 420; office to proceed per the order dated 07.11.2025; matter removed from the board with a compliance report due within a week.

Issue for consideration

Whether the requirements of Rules 397, 396 and 420 of the Bombay High Court (OS) Rules, 1980 for issuance of the citation in the testamentary petition have been complied with.

Court's answer

Office to verify that the requirements of Rules 397, 396 and 420 of the Bombay High Court (OS) Rules, 1980 are complied with.

Ratio / Principle

If the requirements are not complied with, the office is to issue the citation for pasting on the notice board of the Hon'ble High Court and the Collector's Office.

Key takeaways

Petitioner to verify compliance with the requisition of Rule 396 of the BHC; notice to the Collector to be issued per Rule 396 by submitting the true copy of Schedule-I in the department or uploading it on the portal.ratio¶6
Petitioner to execute the Administration Bond for the gross amount in accordance with Rule 420 in Form No. 118 of the Bombay High Court (OS) Rules, 1980.ratio¶7
Office to verify the compliance and proceed as per the directions of the Hon'ble High Court dated 07.11.2025.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — direction order dated 03.02.2026 by Shri P. A. Jagdale, Officer on Special Duty, in TP/519/2026, a petition numbered the previous day and listed for issuance of the citation under Rule 397 of the Bombay High Court (OS) Rules, 1980. Directions: (i) office to verify compliance with Rules 397, 396 and 420 of the Bombay High Court (OS) Rules, 1980, failing which the citation is to be pasted on the notice boards of the Hon'ble High Court and the Collector's Office; (ii) petitioner to confirm the Rule 396 requisitions, including issuance of notice to the Collector by submitting the true copy of Schedule-I in the department or uploading it on the portal; (iii) petitioner to execute the Administration Bond for the gross amount per Rule 420 in Form No. 118; (iv) office thereafter to proceed per the Hon'ble High Court's order dated 07.11.2025. Matter removed from the board; office to report compliance within a week. Administrative/procedural order; no substantive adjudication, no precedent engaged.

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 03^rd February, 2026

FOR DIRECTION :

17. TP/519/2026	) Ms. Aparna Wani i/b S G Mahamuni Ld.
(AMH20230029255C202500005)	) ) Advocate for the Petitioner

P. C.

1 . Read order of the Hon’ble Court passed on 7.11.2025. The petition is numbered yesterday and listed today for issuance of the citation vide Rule 397 of the Bombay High Court (OS)Rules, 1980.

Hence, the office to verify that compliance of requirements of Rule 397, 396 and 420 of the Bombay High Court (OS)Rules, 1980 are complied with. If it is not complied with then office to issue the citation for pasting the citation on the notice board of the Hon’ble High Court and Collector’s Office. Petitioner to verify that requisition of Rule 396 of the BHC is complied with. Issuance of Notice to the Collector as per the Rule 396 of the Rules by submitting the true copy of the schedule-I in the department/ by uploading the true copy of the schedule-I in the portal, as the case may be is complied with.

The petitioner to execute the Administration Bond for the gross amount in view of Rule 420 in form no. 118 of the Bombay High Court (OS) Rules, 1980.

Office to verify the compliance and proceed as per the directions of the Hon’ble High Court dated 07.11.2025.

Removed from the board. Office to report the compliance within a Week.

03.02.2026 Officer on Special Duty, with Testamentary Department