Bombay High Court
Shrikant Ramchandra TarkarversusVaishali Shrikant Tarkar
- Decided
- Disposal
- WITHDRAWN
Holding
The petition is allowed to be withdrawn with liberty to file a fresh petition and court fees are to be refunded.
Summary
The petitioners, Shrikant Ramchandra Tarkar & Anr., filed a miscellaneous petition in the Bombay High Court concerning the estate of the deceased Vaishali Shrikant Tarkar. Their counsel, Ms. Jyoti Bajpayee Pandey, sought to withdraw the petition and requested liberty to file a fresh petition. The court, after hearing the counsel, allowed the withdrawal of the petition, granted liberty to file a fresh petition, and ordered a refund of court fees as per the rules. No substantive issues on the merits of the estate were addressed. The petition was consequently disposed.
Issues considered
- Whether a petition filed under testamentary jurisdiction may be withdrawn with liberty to file a fresh petition
- Whether court fees are refundable upon withdrawal of a petition
Subjects
- withdrawal of petition
- court fees refund
- testamentary jurisdiction
- high court procedure
Judgment
6. MPT 793-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 793 OF 2026
Shrikant Ramchandra Tarkar & Anr. ...Petitioners
Vaishali Shrikant Tarkar ...Deceased
Ms. Jyoti Bajpayee Pandey for the Petitioners.
CORAM : ABHAY AHUJA, J.
DATE : 18th SEPTEMBER, 2026
P.C. :
1. Ms. Pandey, learned Counsel appears for the Petitioner and
submits that pursuant to the order dated 24 th July, 2026, she has
instructions to withdraw the Petition with liberty to file a fresh petition.
2. The Petition is allowed to be withdrawn and disposed as such,
with liberty as prayed for.
3. Refund of Court fees as per rules.
(ABHAY AHUJA, J.)
Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
Nikita Gadgil 1/1
GADGIL Date:
2026.09.18
15:47:30
+0530
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