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2013 Supreme(Bom) 1201

R.D.DHANUKA
Prakash P. Bambardekar – Appellant
Versus
Avinash Vishvanath Ajgaonkar – Respondent


Advocates Appeared:
For the Petitioner:Abhishek Bharti, i/b. M/s. M.P. Vashi & Associates, Advocates.
For the Respondent:Prashant Karande, Advocate.

JUDGMENT

By this petition filed under section 263 of the Indian Succession Act, 1925, petitioner seeks revocation of Letter of Administration issued by this Court to the respondent on 15th June, 2009 in Testamentary Petition No. 210 of 2009 and also seeks an order and direction against the respondent to handover possession of flat No. A/501 to the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under:-

2. Respondent is son of the deceased Mr. Sadashiv Anant Ajgaonkar (hereinafter referred to as the said deceased) and Mrs. Sudha Sadashiv Ajgaonkar. Mrs. Sudha Sadashiv Ajgaonkar died on 23rd February, 2002. Mr. Sadashiv Anant Ajgaonkar died on 16th August, 2003. It is the case of the petitioner that since 1960, the respondent has been staying in U.S.A. and occasionally used to visit the said deceased Mr. Sadashiv and his wife i.e. only once in one or two years.

3. It is the case of the petitioner that the petitioner was introduced to the said deceased in or about 1987 by one Mr. P.G. Shroff and the petitioner became close to the said deceased and his wife. Petitioner used to help the said deceased and his wife as due to old age they were not in a






























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