Bombay High Court
Rajendra Anandrao YadavversusThe Kurla Nagarik Sahakari Bank Ltd
- Decided
- Disposal
- DISPOSED OFF
Holding
The interim application is allowed.
Summary
The applicant, Rajendra Anandrao Yadav, filed an interim application in a testamentary petition concerning a locker and a savings bank account that were in the name of the deceased. The index of the interim application contained typographical errors, which the applicant's counsel agreed to correct within a week. The applicant also submitted an additional affidavit demonstrating that the locker and account were indeed held in the deceased's name. The court examined the corrected index and the additional affidavit and found them satisfactory. Consequently, the court held that the interim application should be granted as per the prayer clauses (a) to (d). The interim application was therefore allowed.
Issues considered
- Whether the interim application filed by the applicant should be allowed?
Subjects
- Testamentary jurisdiction
- Interim relief
- Bank locker
- Savings account
- Probate
Judgment
1/1 8-IA-5091-2026 (OS).DOC
Digitally
signed by
MOHAMMAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date:
TESTAMENTARY AND INTESTATE JURISDICTION
2026.10.07
10:20:30
+0530 INTERIM APPLICATION NO. 5091 OF 2026
IN
TESTAMENTARY PETITION NO. 190 OF 2009
Rajendra Anandrao Yadav ...Applicant
Versus
The Kurla Nagarik Sahakari Bank Ltd. ...Respondent
_______
Mr. Deepak Kangokar, for Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 5th OCTOBER, 2026
P.C.
1. At the outset, it is noted that the Index of the Interim Application contains
certain typographical/inadvertent errors. Learned Counsel for the Applicant
undertakes to carry out the necessary corrections within a period of one week
from today. His statement is accepted.
2. Learned Counsel for the Applicant then points out that, pursuant to the
previous Order, the Applicant has filed an Additional Affidavit setting out the
manner in which the said locker as well as the saving bank account stand in the
name of the deceased.
3. Having heard learned Counsel for the Applicant and having perused the
Additional Affidavit, I am satisfied that the Interim Application ought to be
allowed. Accordingly, the Interim Application is allowed in terms of prayer
clauses (a) to (d).
[ARIF S. DOCTOR, J.]
Areeb
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