1/4 902 IA-4555-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 4555 OF 2026 IN TESTAMENTARY PETITION NO. 585 OF 2014 Rohit Uday Bhagwat … Applicant Vs. Urmila Laxman Thatte … Respondent _______ Ms. Seema Hunnurkar i/b Ms. Anjali Purav for Petitioner. _______ CORAM : ARIF S. DOCTOR, J. DATE : 9 th SEPTEMBER, 2026. P.C. 1. By this Interim Application, the Applicant seeks the following substantial reliefs : “a) that this Hon’ble Court be pleased to dispense with the justifying surety of non-consenting/unpaid legatees viz. 1) Rekha Ramchandra Limaye and 2) Rahul Ramchandra Limaye, in view of the undertaking given by the Applicant (Orig. Petitioner) in Para No. 10 to 12 of present Interim Application. b) Direct the department to issue Grant of Letters of Administration with the Will annexed of the deceased in favour of the Applicant.” 2. Heard Ms. Hunnurkar, learned counsel for the Applicant. Sairaj 2026:BHC-OS:20122 2/4 902 IA-4555-2026.DOC 3. Learned counsel for the Applicant has pointed out that the captioned Testamentary Petition has been filed for Letters of Administration along with last Will and testament of one Urmila Laxman Thatte (deceased). 4. Ms. Hunnurkar has submitted that the Petition was originally opposed by one Rekha Ramchandra Limaye (daughter/step-daughter). Ms. Hunnurkar has pointed out that though caveat was filed initially by Rekha to oppose the grant in favour of the Petitioner, the said caveat was dismissed. 5. Learned counsel for the Applicant submitted that the application filed to set aside the order of dismissal was rejected. She therefore, submits that the said Testamentary Petition was unopposed since none of the legal heirs of the deceased had filed any caveat to oppose the same. 6. Ms. Hunnurkar then submitted that the grant is not being issued in view of the fact that the said Rekha Ramchandra Limaye and Rahul Ramchandra Limaye have not come forward to consent to the said grant. 7. Learned counsel for the Applicant has invited my attention to the order passed by the Officer on Special Duty of Testamentary Department which is dated 23 rd February, 2026, the same records as follows : Sairaj 3/4 902 IA-4555-2026.DOC “1. Petitioner to correct the dates in administration bond and re-upload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary. 2. Petitioner to give the list of the legatees/beneficiaries, who is/are entitled for the legacy under the Will. The petitioner to take steps to justify the surety to Administration Bond, in respect of the share of non-consenting legatee -Rekha under the Will of the deceased, vide Rule 422 of the Bombay High Court (OS) Rules, 1980. Hence, the petition is adjourned for the steps. 3. S. O. to 11.03.2026.” 8. It is pursuant to this order that the Applicant has filed the present Interim Application setting out the manner in which the Applicant will justify/keep secure the interest of said Rekha and Rahul in the property in the credits of deceased. This is to be found in paragraph nos. 10 and 12 of the present Interim Application. For the ease of reference, the said paragraphs are set out below: “10. I say that the grant of Letters of Administration with Will annexed in my favour will neither prejudice the interests of the non-consenting legatees nor defeat any other line of succession. 12. I further say and undertake that I shall not sell, transfer, alienate. encumber, or part with possession of the movable and immovable properties bequeathed to Rekha Ramchandra Sairaj 4/4 902 IA-4555-2026.DOC Limaye and Rahul Ramchandra Limaye, forming part of the estate of the deceased, in order to secure and protect the interests of the said unpaid legatees, namely Rekha Ramchandra Limaye and Rahul Ramchandra Limaye. I further undertake to file and furnish compliance of the same before this Hon'ble Court.12. I further undertake to execute the necessary bond and furnish the necessary indemnity to the satisfaction of the Testamentary Registrar in respect of legacy of Rekha Ramchandra Limaye and Rahul Ramchandra Limaye.” 9. Having due regard to the above and in my view, the Applicant is justified in praying for the dispensation as sought for. 10. Accordingly, the Interim Application is allowed in terms of prayer clauses (a) and (b). 11. It is clarified that the Applicant shall first furnish an undertaking in the appropriate format before this Order is given effect to the officer of the Prothonotary and Senior Master or such other officer of this Court who is so authorized. 12. Interim Application is allowed in the aforesaid terms. (ARIF S. DOCTOR, J.) Sairaj