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Bombay High Court

Krishnanath Alias Krishnakant ... vs Ramesh Shivling Sakhare on 2 December, 2021

Author: R.I. Chagla

Bench: R.I. Chagla

                                                         3.MPT144.21 in TP.1133.07.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                TESTAMENTARY AND INTESTATE JURISDICTION

                    MISCELLANEOUS PETITION NO. 144 OF 2021
                                     IN
                    TESTAMENTARY PETITION NO. 1133 OF 2007

Krishnanath Alias Krishnakant
Shivling Sakhare                            ...     Petitioner

           Versus

Ramesh Shivling Sakhare                     ...   Respondent
                                            (Original Petitioner)

Mr. Atul Damle, Senior Advocate a/w Mr. Ram Upadhyay for the
Petitioner.
Mr. J.R. Gautam h/f Mr. S.S. Lanke for the Respondent.

                                   WITH
                    TESTAMENTARY PETITION NO. 734 OF 2021

                                   WITH
                      TESTAMENTARY SUIT NO. 53 OF 2011
                                    IN
                    TESTAMENTARY PETITION NO. 705 OF 2007

                                        WITH
                          T.P.A.C. (L) NO. 10371 OF 2021
                                         IN
                       TESTAMENTARY SUIT NO. 53 OF 2011

                                   WITH
                      TESTAMENTARY SUIT NO. 54 OF 2011
                                    IN
                    TESTAMENTARY PETITION NO. 825 OF 2008

                                   WITH
                      TESTAMENTARY SUIT NO. 52 OF 2012
                                    IN
                    TESTAMENTARY PETITION NO. 336 OF 2005

Waghmare                                                                          1/2
                                                              3.MPT144.21 in TP.1133.07.doc



                                  CORAM :       R.I. CHAGLA, J.
                                  DATED :      2nd DECEMBER, 2021.
ORDER :

1 The learned Counsel appearing for the Respondent seeks extension of time to file affidavit-in-reply to the Miscellaneous Petition which was to be filed within a period of four weeks from the order dated 27.10.2021 and to be served on the Petitioner. The learned Counsel for the Respondent has handed over an un-affirmed copy of the affidavit-in- reply to the learned Senior Counsel for the Petitioner. The learned Counsel for the Respondent undertakes to tender an affirmed copy of the affidavit-in-reply to the learned Senior Counsel for the Petitioner in the course of the day. The Respondent shall file the affirmed affidavit-in-reply to the Miscellaneous Petition in the Registry in the course of the day. 3 The Petitioner is at liberty to file affidavit-in-rejoinder if any, to the affidavit-in-reply within a period of one week from today i.e. on or before 09.12.2021.

4 The Miscellaneous Petition No.144 of 2021 shall be placed on 10.12.2021.

(R.I. CHAGLA, J.) Waghmare 2/2