45-IA-2083-2026 (OS) .DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2083 OF 2026 IN TESTAMENTARY PETITION (L) NO. 23137 OF 2024 Ms. Khakhar Constructions … Applicant Versus Shanta Manmohandas Atit & Ors. … Respondents __ Ms. Devyani Katra for the Applicant Mr. Rohan Sawant, Amicus Curiae __ CORAM : ARIF S. DOCTOR, J. DATE : 12th OCTOBER 2026 P.C. 1. Mr. Sawant submits that the present Application seeks a reconstruction of the record pertaining to the grant of Probate in respect of the Last Will and Testament of one Manmohandas M. Atit. 2. He submits that the need for reconstruction of the record has arisen since the Applicant is a transferee of one of the properties mentioned in the said Will of the deceased from the original Petitioner. Mr. Sawant submits that a Third Party Application for Certified Copy, Basavraj Page|1 BASAVRAJ GURAPPA PATIL Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2026.10.16 14:01:01 +0530 45-IA-2083-2026 (OS) .DOC filed by the Applicant was, in fact, allowed by the Prothonotary and Senior Master by an Order dated 5th September 2024. 3. He submitted that pursuant to the Order of the Prothonotary and Senior Master, the Applicant was required to obtain certified copies of the papers and proceedings in the Testamentary Petition. However, since the record was not available, the present Application has been filed, seeking reconstruction of the record so as to enable the Order dated 5th September 2024 to be given effect to. 4. Having heard Mr. Sawant and having perused the Application, I find the same must be allowed. Hence, the following order: ORDER i. Interim Application is allowed in terms of prayer clauses (a) and (b). ii. Registry is directed to submit a report explaining why the record is not available. iii. Post the Testamentary Petition Stand over to 26th October 2026 for directions. Basavraj Page|2 45-IA-2083-2026 (OS) .DOC 5. I must also express my appreciation to Mr. Sawant for his able assistance to the Court and for readily accepting the Court’s request to act as Amicus. [ARIF S. DOCTOR, J.] Basavraj Page|3