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2025 DAILYLAW 77755 (BOM)

RAMESH PURSHOTTAM BHATIA Being the Constituted Attorney of v. LATESH KUMAR HIRANAND GAJRIA (DECEASED)

TP/2504/2023 · 2025-11-14

Shri Milind N Jadhav

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

908. TP-2504-23.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 2504 OF 2023 Latesh Kumar Hiranand Gajria .. Deceased Ramesh Purshottam Bhatia C.A. of Kei Gajria & Anr. .. Petitioners ....................  Mr. Nilesh Modi a/w Mr. Ashish Rebello i/by Ms. Hemangi Modi, Advocates for Petitioners ................... CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 14, 2025 P. C. : 1. Heard Mr. Modi, learned Advocate for Petitioners. 2. Objection raised by Department in the Requisition dated 23.06.2025 stands dispensed with in view of the following reasons:- 3. Petition is filed by wife and son of the deceased. Insofar as the name of third legal legal heir Ms. Sonia Gajria is concerned, she is daughter from the first wife of deceased. She has filed Caveat in this Court which came to be dismissed. There is forth legal heir called Airi claiming to be the daughter of deceased. She has not approached this Court at all. She has approached the office of deceased situated in Japan and claimed to be his daughter but insofar as the Application or proceedings in this Court are concerned, she has not filed anything. 1 of 2 908. TP-2504-23.docx 4. In view of the above facts and circumstances requirement for dispensation of shares of Ms. Sonia and Airi stand dispesed with. 5. Mr. Mody informs the Court that Petitioners have already filed necessary Administration Bond and Surety Bond. The same shall suffice as adequate. 6. In view of the above, there can be no impediment in allowing the Petition since all legal heirs have been disclosed. Petition therefore stands allowed in terms of prayer sought for by Petitioners. Department is directed to issue Grant to Petitioners within a period of three weeks from today positively subject to compliance of all the office objections. 7. Petition is disposed. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2