Hiren Kanaiyalal Shah vs Prabhudas Lalchand Shah on 16 July, 2019

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Bombay High Court

Hiren Kanaiyalal Shah vs Prabhudas Lalchand Shah on 16 July, 2019

Bench: A.K. Menon

                                                                         23-TP-604-11-&-866-12.doc


Dixit


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           TESTAMENTARY AND INTESTATE JURISDICTION


                            TESTAMENTARY PETITION NO.604 OF 2011

        Kasturchand Lalchand Shah                                          .... Petitioner


        Prabhudas Lalchand Shah                                            .... Defendant

                                            ALONG WITH

                            TESTAMENTARY PETITION NO.866 OF 2012

        Hiren Kanaiyalal Shah                                              .... Petitioner
                    V/s.
        Bhartiben Mahendra Shah                                            .... Defendant



        Ms. Brenda Barnes, I/by Mr. U.S. Samudrala, for the Petitioner in
        TP/866/2012.

        Ms. Jaishree Surati, I/by M/s. Ashwinkumar & Co., for the Petitioner in
        TP/604/2011.



                                                           CORAM : A.K. MENON, J.

DATED : 16 TH JULY, 2019.

P.C. :

1. Both these petitions are listed today for directions.

2. Suit No.188 of 2015 was dismissed and Testamentary Petition No.866 of 2012 was directed to proceed to grant on 15 th April 2019. Thereafter an 1/3 ::: Uploaded on - 17/07/2019 ::: Downloaded on - 18/07/2019 01:29:44 ::: 23-TP-604-11-&-866-12.doc earlier petition bearing Testamentary Petition No.604 of 2011 seeking probate of the Will of the same deceased filed by one Kasturchand Lalchand Shah come to light. The registry has, therefore, listed both these petitions for directions.

3. On behalf of the petitioner in Testamentary Petition No.604 of 2011, learned counsel seeks time and she has no instructions today. She states that the matter was notified only in the previous week and she had no time to obtain instructions.

4. Perusal of the record in Testamentary Petition No.604 of 2011 reveals that no attempts have been made by the petitioner to comply with the objections raised since 2011. The learned counsel for the petitioner believes a criminal complaint is pending; however, she is unable to make any further submissions on that aspect.

5. In that view of the matter, till the court is apprised of the current factual position, it will be appropriate that no further steps shall be taken by the registry pursuant to the order dated 15 th April 2019 passed in Testamentary Suit No.188 of 2015 in Testamentary Petition No.866 of 2012.

Ordered accordingly.

6. It is made clear that if no instructions are received and submissions are 2/3 ::: Uploaded on - 17/07/2019 ::: Downloaded on - 18/07/2019 01:29:44 ::: 23-TP-604-11-&-866-12.doc made on the fate of the order dated 15 th April 2019 passed in Testamentary Suit No.188 of 2015, then the Testamentary Petition No.860 of 2012 would be liable to be dismissed on the next date.

7. S.O. to 5th August 2019.

(A.K. MENON, J.) 3/3 ::: Uploaded on - 17/07/2019 ::: Downloaded on - 18/07/2019 01:29:44 :::

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