Neeta Sawant 16-WP-10660-2019.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10660 OF 2019 Shri. Sitaram Govind Phadke ..Petitioner … : Versus : Shri. Anand Kirad & Ors. .Respondents … Mr. Jayprakash S. Kapre, through V.C..for the Petitioner. Mr. Tapan Thatte a w. Mr. Vivek Arote, Mr. Akshay Dingale and Mr. / Harish Garde, for the Respondents. CORAM : SANDEEP V. MARNE, J. DATED : 3 SEPTEMBER 2026. P.C : 1) The petition challenges order dated 9 August 2019 passed by the 10th Joint Civil Judge Senior Division, Pune rejecting the objections raised by the Petitioner to the application for issuance of probate filed by the Respondents. 2) I have heard Mr. Kapre, the learned counsel appearing for the Petitioner and Mr. Thatte, learned counsel appearing for the Respondents. 3) Petitioner claims to be the brother of the Testator. He claims that the Will has actually not been executed by the Testator. In _____________________________________________________________________________ PAGE NOS. 1 of 2 Thursday, 3 September 2026 Neeta Sawant 16-WP-10660-2019.docx the event the Will is not proved, Petitioner claims that he would succeed to the share of the Testator. In my view therefore, Petitioner clearly has a caveatable interest in the property which is bequeathed by the Will. In that view of the matter, participation of the Petitioner in the proceedings is necessary. 4) The Petition accordingly succeeds. Order dated 9 August 2019 is set aside. The Petitioner is directed to be impleaded in Misc. Civil Application No.810 2014. / 5) The Writ Petition is allowed in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] _____________________________________________________________________________ PAGE NOS. 2 of 2 Thursday, 3 September 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.09.07 16:39:03 +0530