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Bombay High Court

KANCHAN SATISH KRIPALANIversusNEETA THAKURDAS THARANI (DECEASED)

Decided
Disposal
WITHDRAWN

Holding

Leave to withdraw the testamentary petition was granted, resulting in the petition and the suit being disposed of.

Summary

The petitioner, Kanchan Satish Kripalani, filed a testamentary petition seeking to withdraw the suit concerning the estate of the deceased Neeta Thakurdas Tharani. The petitioner, through counsel Mr. Shrey Fatterpekar, applied to the High Court for leave to withdraw the petition. The sole issue before the court was whether the petitioner could be permitted to withdraw the pending testamentary suit. The court, after considering the application, disposed of the petition as withdrawn and consequently ordered the testamentary suit to be disposed of as well. No further applications remained for consideration, and the matter was closed.

Issues considered

  • Whether leave may be granted to the petitioner to withdraw the pending testamentary petition

Subjects

  • testamentary petition
  • withdrawal
  • probate
  • succession law
  • court procedure

Judgment

                                                               1/1                     24 TP-207-2019.DOC



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        TESTAMENTARY AND INTESTATE JURISDICTION
        Digitally
        signed by
        SAIRAJ
SAIRAJ
SANJAY
        SANJAY
        KARANDE
                                            TESTAMENTARY PETITION NO. 207 OF 2019
KARANDE Date:
        2026.09.01
        10:41:39
        +0530

                     Kanchan Satish Kripalani                                   … Petitioner
                                     Vs.
                     Neeta Thakurdas Tharani (Deceased)                         … Respondent
                                                            _______
                     Mr. Shrey Fatterpekar, Ms. Zayaa Daver i/by M. Mulla Associates for Petitioner.
                     Mr. Satish J. Agarwal for Caveator.
                                                            _______


                                                   CORAM        :         ARIF S. DOCTOR, J.
                                                   DATE         :         31st AUGUST 2026.


                     P.C.


                     1.       Mr. Fatterpekar, learned counsel appearing on behalf of the Petitioner


                     seeks leave to withdraw the captioned Testamentary Petition.


                     2.       The Petition is disposed of as withdrawn.


                     3.       The Testamentary Suit is accordingly disposed of.


                     4.       Nothing survives for consideration in pending applications, if any, and the


                     same stand disposed of.


                                                                                (ARIF S. DOCTOR, J.)




                     Sairaj


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