Leave petition filed to obtain authority for the High Court to entertain a suit for partition of deceased parents' estate, where part of the property is situated outside the Court's jurisdiction. The Court held that the cause of action arose within its jurisdiction.
Leave to file the suit for partition and share in the estate granted.
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1 4-Lpetn 9-20 in sl 31-20
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.9 OF 2020
IN
SUIT (L.) NO.31 OF 2020
Sunita Tibrewala
..Petitioner
Versus
Samir Balkishan Tibrewala & Ors...Respondents
Mr.Emil Sunil George i/b. M/s.Manilal Kher Ambalal & Co. for Petitioner.
CORAM :G.S. KULKARNI, J.
DATE :28th JANUARY, 2020
P.C.:
1.This is a petition seeking leave under Clause XII of the Letters Patent.
The suit is filed for partition and share in the estate of the deceased parents of
the petitioner/plaintiff namely late Balkishan Hanumanprasad Tibrewala and
late Savitri Balkishan Tibrewala. The petitioner as also the
respondents/defendants are residents of Mumbai. Most of the movable as also
immovable properties of the deceased are situated at Mumbai except the
property i.e. Bungalow No.60, Ground Floor, Rashmi Park Bungalow Complex,
Opp.Ambavadi Bungalow Scheme, Village – Valiv, Taluka – Vasai, District –
Palghar, which is out side the jurisdiction of this Court.
2.Having perused the relevant averments as made in the plaint and
averments in the leave petition, I am of the opinion that material part of cause
of action has arisen at Mumbai within the jurisdiction of this Court and with
the leave of this Court under Clause XII of the Letters Patent, this Court would
have jurisdiction to try and entertain this suit.
3. Leave granted. The petition is accordingly allowed.
Digitally signed by PrajaktaS.Vartak Prajakta S.VartakDate:2020.01.30 17:16:47 +0530
2 issues framed by the court
Whether the High Court has jurisdiction to try the plaint filed for partition given that part of the estate lies outside its territory.
Whether leave should be granted under Clause XII of the Letters Patent to entertain the suit.
Sunita Tibrewala
Samir Balkishan Tibrewala & Ors
G.S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court