1/3 27- IA-4384-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 4384 OF 2026 IN TESTAMENTARY PETITION NO. 1034 OF 2015 Dr. Suchitra Samir Dalvie ...Applicant Versus Dr. Samir Surendranath Dalvie ...Respondent _______ Mr. Vishal Kanade a/w Mr. Sagar Amrut Rane for Applicant in IA. Mr. Aditya Mehta i/b Kanchan Pamnani for the Petitioner/Respondent. _______ CORAM : ARIF S. DOCTOR, J. DATE : 29 th SEPTEMBER, 2026 P.C. 1. The Applicant has by way of the present Application sought the following reliefs: “a)That this Hon'ble Court be pleased to permit the Applicant to intervene in Testamentary Petition No. 1034 of2015 and to appear before the Learned Testamentary Registrar; b) That this Hon'ble Court be pleased to pass appropriate order/direction for issuance of Grant (Probate) in Testamentary Petition No. I 034 of 2015 as expeditiously as possible and preferably within a period of four weeks; c) That this Hon'ble Court be pleased to pass an order directing the Registry of this Hon'ble Court through its Testamentary Department to issue certified copy of the Grant (Probate) in Testamentary Petition No. I 034 of 2015 to the Applicant within a period of two weeks from the date on which the final Grant (Probate) is issued;” 2. After hearing Mr. Kane, learned Counsel appearing on behalf of the Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.30 18:05:33 +0530 2/3 27- IA-4384-2026 (OS).DOC Applicant, at some length, he submits that prayer clause ‘a’ would not survive since the Grant has already been issued by this Court. He, however, does not press prayer clause ‘a’ today and submits that the Applicant, who had sought leave to intervene in the testamentary proceedings, would in fact not oppose the grant. 3. Learned Counsel for the Petitioner, i.e. the Respondent in the Interim Application, has invited my attention to an Order dated 7 th September 2026 passed by the Testamentary Registrar, which records that issuance of the Grant has been held up only on account of the pendency of this Interim Application. 4. Mr. Kanade disputes this contention. However, this is really immaterial since, today, the parties are ad idem that the Registry may proceed with the issuance of the Grant. Mr. Kanade only presses for reliefs in terms of prayer clauses ‘b’ and ‘c’ of the Interim Application. 5. Learned Counsel appearing on behalf of the Respondent would have no objection to the Interim Application being allowed in terms of prayer clause ‘b’. However, he submits that upon the Grant being issued to the Petitioner, the Petitioner will forthwith hand over a certified copy thereof to the Applicant, who, he does not dispute, would be entitled to such copy. 6. Mr. Kanade has explained to me the peculiar circumstances of the case, inasmuch as the Applicant is the estranged wife of the Petitioner and, therefore, the apprehension is that the Petitioner may not hand over the Grant in a timely manner. 7. In my view, given that there is no dispute as to the fact that the Applicant Areeb 3/3 27- IA-4384-2026 (OS).DOC is a beneficiary under the said Will, the Applicant would be entitled to a certified copy of the Grant. Hence, the Interim Application is allowed in terms of prayer clauses ‘b’ and ‘c’. 8. Rejoinder shall be filed in the Registry. [ARIF S. DOCTOR, J.] Areeb