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Bombay High Court

Ajay Inderjit Kapur (Third Parity ... vs Darius Behmas Moos And Prathibha ... on 18 August, 2025

2025:BHC-OS:13822

         ary                                      Before: Smt. P. P. Bhaidkar,
                                                          Addl. Registrar (O.S.) /
                                                          Addl. Prothonotary and Senior Master

                                                  Date : 18th August 2025.
                                    CALLED FOR DIRECTION:
               6. TPAC(L)/24301/2025 ) Ms. Aayushi Gohil i/b M. T. Miskita & Co.,
                         in           ) Advocate for the third party applicant.
                   CTS/182/2025       )
                                        Ms. Khushnumah Banerjee i/b Vidhii Partners,
                                      )
                                      ) Advocate for Caveator.
                                              )
                                              ) P.C.:   1. The present third party application is filed
                                              )
                                                        by Ajay Inderjit Kapur who is son and one of
                                              )
                                              )         the legal heirs of the deceased viz. Prathibha
                                              )         Inderjit Kapur in Testamentary Petition No.
                                              )         1201 of 2025. The third party applicant has
                                              )
                                                        filed Consent Affidavit to the aforesaid Petition.
                                              )
                                              )         The third party applicant has sought certified
                                              )         copy of papers and proceedings of Caveat No.
                                              )         182 of 2025 filed by the Caveator so to know
                                              )
                                                        the objections taken by the Caveator to the
                                              )
                                              )         aforesaid Petition.
                                              )
                                              )         2. The Ld. Advocate for the third party
                                              )
                                                        applicant tenders Affidavit of service dated
                                              )
                                              )         14.08.2025 which is taken on record.
                                              )
                                              )         3. The Ld. Advocate for the Caveator objects
                                              )         for issuing certified copy of Caveat stating that
                                              )
                                              )         third party applicant has not shown sufficient
                                              )         cause as required under Rule 268 of Bombay
                                              )         High Court (Original Side) Rules.
                                              )
                                              )
                                              )         4. Since the third party applicant is one of the
                                              )         legal heirs, he is entitled for the papers and
                                              )         proceedings of Caveat No. 182 of 2025 filed in
                                              )         Testamentary Petition No. 1201 of 2025 which
                                              )
                                              )         is filed for issuance of Probate of the last Will
                                              )         and Testament of his late mother, Prathibha
                                              )         Inderjit Kapur.




                   ::: Uploaded on - 20/08/2025                         ::: Downloaded on - 20/08/2025 21:19:15 :::
                                )
                               )            5. In view of the aforesaid circumstances, the
                               )
                               )
                                            third party applicant has shown sufficient
                               )            cause for issuing certified copy of papers and
                               )            proceedings of Caveat No. 182 of 2025. Office
                               )            is directed to issue certified copy of papers and
                               )
                                            proceedings of Caveat No. 182 of 2025 to the
                               )
                               )            third party applicant, on payment of necessary
                               )            charges.
                               )
                               )
                                            6. It is made clear that the third party
                               )
                               )            applicant shall use the certified copy only for
                               )            the purpose mentioned in the third party
                               )            application and in accordance with Rule 271 of
                               )            Bombay High Court O.S. Rules, and not to part
                               )
                                            with the certified copy to any other third party.
                               )
                               )
                               )            7. Third Party Application is disposed of. Order
                               )            accordingly.




18.08.2025

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master ::: Uploaded on - 20/08/2025 ::: Downloaded on - 20/08/2025 21:19:15 :::