HEENA DHIRAJLAL MANEK Vs. MAHENDRA TIKAMDAS SHAH

JUDGEMENT

(1.) This is matter requires urgent ad-interim intervention.

(2.) It pertains to the estate of one Dhirajlal Manek by SHEPHALI SANJAY MORMARE ("Dhirajlal"). He died on 28th November 2020. The present Date: 2021.09.24 19:43:00 +0530 Petitioner is Heena, his 75-year-old widow. Respondent No. 1, Mahendra Shah, is supposedly an executor named in a Will dated 11th November 2020 and which Dhirajlal is alleged to have made only 17 days before he died. Respondents Nos. 2 and 3 are Dhirajlal's nephew ("Niraj") and his wife ("Kajal").

(3.) Heena has now filed an application for interim relief and a miscellaneous petition for revocation of the probate. There are Affidavits in Reply. Undoubtedly, Mr Kamat will need to file a brief Rejoinder. I agree when he says that he would be ill-advised only to proceed on the basis of denials today. But he is also right when he says that the need for a rejoinder does not mean that an protective ad-interim cannot be made.