DR SUCHITRA SAMIR DALVIEversusDR SAMIR SURENDRANATH DALVIE

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         signed by
         MOHAMMAD
MOHAMMAD AREEB
AREEB    MOHD
MOHD     AKBAR
AKBAR    Date:
         2026.09.30
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         18:05:33
         +0530
                                       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            :       29th 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



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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


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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