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.
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)
) 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.
18.08.2025Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master ::: Uploaded on - 20/08/2025 ::: Downloaded on - 20/08/2025 21:19:15 :::