Bombay High Court
Uday Sharad Kulkarni vs Claude Lila Narayan Parulekar ... on 5 August, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2022.08.11
14:40:23 +0530
932-tp-2500-2018.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.2500 OF 2018
Uday Sharad Kulkarni ...Petitioner
Versus
Claude Lila Narayan Parulekar ...Deceased
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Mr. Vishal Kanade, i/b. Sanjay Gawde, for the Petitioner.
Mr. V.P. Sawant, Senior Advocate i/b. P.M. Jadhav for the Caveator.
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CORAM : R.I. CHAGLA J.
DATE : 5TH AUGUST, 2022
ORDER :
1. Heard learned Counsel for the parties.
2. Mr. Vishal Kanade learned Counsel for the Petitioner states that pursuant to the order dated 17th June, 2022 which had dispensed with the objections taken by the Testamentary Registrar for justification of the surety for non-consenting legal heirs upon the Petitioner furnishing the personal bond for non-consenting legal heirs of the deceased, the personal bond has been furnished by the 1/2 932-tp-2500-2018.doc Petitioner.
3. It is to be noted that Caveat has been filed in the Testamentary Petition on 16th June, 2022. Upon the filing of the caveat, the Testamentary Petition has been converted into Testamentary Suit. The objection taken by the Caveator as to the jurisdiction of this Court to entertain the Testamentary Petition / Testamentary Suit is expressly kept open and shall be framed as an issue in the Suit.
4. The office objections have been complied with in the Testamentary Petition and upon which the Testamentary Petition is converted into Testamentary Suit. The Testamentary Registrar shall take note of the same.
[R.I. CHAGLA J.] 2/2