Dismissed

Rajubhai Ranchodbhai Baria and Anr. v. Kiran Anandlal Sheth and 3 Ors.

Bombay HC14 Dec 2015APP/146/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay disposed of two appeals filed against a single judge's order dismissing miscellaneous petitions in testamentary probate matters. The bench held there was no infirmity in the impugned order and dismissed both the appeals and the associated notices of motion.

What did the court decide?

Dismissed both Appeal(L) No. 805 of 2014 and Appeal(L) No. 804 of 2014 and disposed of the said notices of motion.

Rajubhai Ranchodbhai Baria and Anr. Vs Kiran… — Succession and Inheritance | Bombay HC (2015)

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APPL. 805-14

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL(L) No. 805 OF 2014 IN MISC. PETITION (L) No. 1447 OF 2014 IN

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TESTAMENTARY PETITION No. 1000 OF 2013 WITH

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NOTICE OF MOTION (L) No. 2930 OF 2014

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Rajubhai Ranchodbhai Baria & Anr.

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... Appellants Applicants in NMA

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Vs.

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Kiran Anandlal Sheth & Ors. ... Respondents

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WITH

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APPEAL(L) No. 804 OF 2014 IN MISC. PETITION (L) No. 1455 OF 2014 IN TESTAMENTARY PETITION No. 925 OF 2013 WITH

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NOTICE OF MOTION (L) No. 2931 OF 2014

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Rajubhai Ranchodbhai Baria & Anr. … Appellants / Applicants in NMA

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Vs.

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Hasumati Ashok Sunderlal & Ors. ... Respondents

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Mr. Sanjiv Sawant a/w Sachin Kadam, for the Appellants. Mr. D. D. Madon, Sr. Counsel a/w Karl Tamboly a/w Ravi Suryawanshi, Akshita Palvia i/b Naik, Naik & Co., for Respondents.

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CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ. DATE : DECEMBER 14, 2015

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APPL. 805-14

PC.

Heard the learned counsel appearing on behalf of the Appellants and the learned senior counsel appearing on behalf of the Respondents, in both appeals. Appellants are aggrieved by the order passed by the learned Single Judge, dismissing two miscellaneous petitions by a common order dated 10^th October, 2014. It is submitted that by passing impugned judgment and order, the learned Single Judge not only dismissed the miscellaneous petitions but also made observations which are likely to affect the probate petitions filed by the Appellants.

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We have perused the impugned order. In our view, there is no infirmity or illegality in dismissing the miscellaneous petitions. We do not see any reason to interfere with the impugned judgment and order. Both appeals, viz. Appeal Nos. 805 of 2014 and 804 of 2014, are, therefore, dismissed.

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In view of dismissal of the appeals, the two motions taken out in the respective appeals, viz. Notice of Motion (L) Nos. 2930 of 2014 and 2931 of 2014 do not survive for consideration and are accordingly disposed of.

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Vinayak Halemath

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Rajubhai Ranchodbhai Baria and Anr. v. Kiran Anandlal Sheth and 3 Ors.

Case brief

What is this about?

What did the court decide?

Rajubhai Ranchodbhai Baria and Anr. v. Kiran Anandlal Sheth and 3 Ors.

Case brief

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What did the court decide?

What the court decided

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