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Bombay High Court

Tinaz Kersi Choksey vs Rusi Kaikhusroo Choksey on 25 July, 2022

Author: R. I. Chagla

Bench: R. I. Chagla

TAUSEEF
LAIQUEE
FAROOQUI                                                                      11-TS.102.2013.doc
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.07.26
17:00:51 +0530                TESTAMENTARY AND INTESTATE JURISDICTION

                                    TESTAMENTARY SUIT NO.102 OF 2013
                                                  IN
                                   TESTAMENTARY PETITION NO.64 OF 2013


                      Farida Firdaus Variava                         ...Plaintiff
                                 V/S
                      Kersi Maneck Choksey & Ors.                    ...Defendants

                                                WITH
                                    TESTAMENTARY SUIT NO.115 OF 2013
                                                  IN
                                  TESTAMENTARY PETITION NO.340 OF 2013
                                                -------

                      Mr. Cyrus Bharucha i/by D. F. & Divan for Plaintiff in TS/102/2013
                      and for Defendant in TS/115/2013.
                      Mr. Amit Yadav for Plaintiff in TS/115/2013 and for Defendant in TS/
                      102/2013.
                                                     -------

                                                  CORAM        :     R. I. CHAGLA, J.
                                                  DATED        :     25th JULY, 2022.
                      P.C.

1. The learned counsel for the Plaintiff seeks leave to withdraw the above Testamentary Suits on instructions unconditionally.

2. Accordingly, the Testamentary Suit No.102 of 2013 and Testamentary Suit No.115 of 2013 are disposed of as withdrawn.

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                                                                  11-TS.102.2013.doc

3. In view of disposal of the above Testamentary Suits, the Testamentary Petition Nos.64 of 2013 and 340 of 2013 does not survive and hence they are also disposed of.

4. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.





                                                  (R. I. CHAGLA, J.)




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