The High Court at Bombay dismissed a Notice of Motion seeking to stay other suits and expedited a Testamentary Suit by listing it for directions.
Prayer (a) rejected. Suit listed for directions on 8th July 2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
918-NMT27-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 27 OF 2016
IN
TESTAMENTARY SUIT NO. 220 OF 2015
IN
TESTAMENTARY PETITION NO. 947 OF 2014
Sunil Ramchandra Dhokre
Versus
Mohan Ramchandra Dhokre
...Plaintiff
…Defendant
Mr. B.G. Saraf, for the Plaintiff/Applicant.
Mr. Anilkumar Patil, for the Defendant/Caveator.
CORAM:G.S. PATEL, J
DATED:5th July 2016
PC:-
1.This is the Plaintiff’s Notice of Motion. Prayer (a) is over
ambitious even by Mr. Saraf’s standards. It seeks that I should stay
other Suits. Prayer (a) is, therefore, rejected.
2. Prayer (b) is that the Suit be expedited and directions be given. That can always be done. List the Suit for directions on Friday, 8th July 2016, on the supplementary board.
Page 1 of 2
5th July 2016
918-NMT27-16.DOC
3.I am informed that there is, between the same parties, a
Partition Suit No. 1408 of 2014. In any case, the outcome of the
Partition Suit will necessarily depend on the outcome of this
Testamentary Suit. The reason is obvious. The shares of the parties
will differ depending on whether this Testamentary Suit for Probate
succeeds or fails. The partition Suit can only be tried thereafter.
4. The Notice of Motion is disposed of in these terms with no order as to costs.
(G. S. PATEL, J.)
Page 2 of 2
5th July 2016
2 issues framed by the court
Whether the Prayer to stay other suits is maintainable.
Whether the Testamentary Suit should be expedited.
Sunil Ramchandra Dhokre
Mohan Ramchandra Dhokre
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court