Bombay High Court
BRAZ METHEWS RODRIGUESversusIsabela M Rodrigues
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the interim application must be allowed and the testamentary petition restored, as no prejudice would result and justice demands the applicant be permitted to contest the petition.
Summary
The applicant, Braz Methews Rodrigues, filed an interim application seeking restoration of a testamentary petition that had been dismissed for failure to remove office objections. The petition concerned obtaining Letters of Administration with a copy of the deceased Isabela M. Rodrigues's will dated 8 October 2013. The court examined whether the interim application should be allowed and whether restoration would prejudice any party. It held that justice required the applicant to be given an opportunity to contest the petition and that no prejudice would arise from restoration. Consequently, the court allowed the interim application, ordered the petition restored, and directed that the office objections be removed within four weeks.
Issues considered
- Whether the interim application for restoration of a dismissed testamentary petition should be allowed
- Whether restoration of the petition would cause prejudice to any party
- Whether the requirement to remove office objections can be deferred
Subjects
- testamentary jurisdiction
- letters of administration
- interim application
- restoration of petition
- office objections
Judgment
1/2 42-IA-5114-2026 (OS).DOC
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD
MOHAMMAD AREEB
AREEB
MOHD
MOHD
AKBAR
TESTAMENTARY AND INTESTATE JURISDICTION
AKBAR Date:
2026.09.24
10:35:22
+0530
INTERIM APPLICATION NO. 5114 OF 2026
IN
TESTAMENTARY PETITION (L) NO. 1872 OF 2019
Braz Methews Rodrigues ...Applicant
In the matter between:
Mrs. Isabela M. Rodrigues ...Deceased
Braz Mathews Rodrigues ...Petitioner
_______
Ms. Sneha Vani a/w Ms. Sharda Gawai for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 22nd SEPTEMBER, 2026
P.C.
1. This Interim Application seeks restoration of the captioned Testamentary
Petition, which came to be dismissed for non-removal of office objections.
2. Heard learned counsel appearing on behalf of the Applicant and having
perused the Interim Application, in my view the Interim Application would have
to be allowed. The substantive interest of justice would require the Applicant an
opportunity to contest the Testamentary Petition, which is for Letters of
Administration with the copy of the last Will and Testament dated 8 th October,
2013 in respect of properties and credits of one Isabela M. Rodrigues.
3. Furthermore, no prejudice can possibly be caused to any party, if this
Petition is restored.
Areeb
2/2 42-IA-5114-2026 (OS).DOC
4. Accordingly, the captioned Interim Application is allowed and disposed of
in terms of prayer clauses ‘a’ and ‘b’.
5. The office objections, shall be removed within a period of four weeks
from today.
[ARIF S. DOCTOR, J.]
Areeb
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