16-MPT-93-2021 WITH TP-2169-2021.DOC

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 93 OF 2021

Sunita Avdhut Chikhalkar

…Petitioner

Avdhut Gopinath Chikhalkar

…Deceased

WITH

TESTAMENTARY PETITION NO. 2169 OF 2021

WITH

WILL NO. 880 OF 2021

IN

TESTAMENTARY PETITION NO. 2169 OF 2021

Prakash Ramchandra Bhosale

…Petitioner

Avadhut Gopinath Chikhalkar alias Awadhut

Gopinath Chikhalkar

…Deceased

WITH

TESTAMENTARY PETITION NO. 1463 OF 2021

Sunita Avdhut Chikhalkar

…Petitioner

Avdhut Gopinath Chikhalkar

…Deceased

None, for the Petitioner.

Mr Harish Pawar, for Petitioner in

TP-2169-2021.

Page 1 of 2

26th August 2021

ASHWINI

HULGOJI

GAJAKOSH

Digitally signed by

ASHWINI HULGOJI

GAJAKOSH

Date: 2021.08.27

10:35:07 +0530

16-MPT-93-2021 WITH TP-2169-2021.DOC

CORAM:

G.S. PATEL, J

DATED:

26th August 2021

PC:-

1.

The heirship Petition cannot be accepted. There is a

Testamentary Petition No. 2169 of 2021 that propounds a Will of

the deceased. That is filed by the executor named in the Will seeking

Probate. There is yet another Testamentary Petition No. 1463 of

2021 filed by this very Petitioner. In that Testamentary Petition No.

1463 of 2021, the Petitioner seeks Letters of Administration.

Obviously, therefore, the Petition for an heirship certificate cannot

be accepted. The Petition is dismissed. This is without prejudice to

rival rights and contentions in the Testamentary Petitions.

2.

This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act

on production of a digitally signed copy of this order.

(G. S. PATEL, J)

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26th August 2021