The High Court dismissed a writ petition challenging a finding that rejected the petitioners' request to be impleaded as plaintiffs in probate proceedings. The court declined interference under Article 226.
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.
213 WP-877-2005.doc
BDP-SPS-TAC
BHARAT DASHARATH PANDIT Digitally signed byBHARATDASHARATHPANDIT Date: 2022.03.1118:29:14 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 877 OF 2005
Mr. Pushpawati K. Mehta & Anr.
V/s
…. Petitioners.
Saroj B. Vora and Others
….. Respondents.
Ms. Jaishri Surati i/b M/s. S. Ashwinikumar and Co. for the
Petitioners.
None for the Respondent.
CORAM: NITIN W. SAMBRE, J.
DATE: MARCH 10, 2022
P.C.:-
1]The claim of the Petitioners is based on unprobated Will of
deceased Kushalchand Mehta dated 3rd April, 1987. I am informed
that already independent proceedings are taken out by the Petitioners
before this Court being TP/494/ 2005 (Ravindra Khushalchand Mehta
vs. Rameshchandra L. Pandit).
2]In the aforesaid backdrop, having regard to the finding recorded
in the impugned order dated 9/2/1995 passed in Chamber Summons
No.1354 1994 in suit No.7053 of 1991 along with Chamber Summons
No.1355 of 1994 in Suit No.7054 of 1991, I hardly see any reason
which warrants interference in the extraordinary jurisdiction so as to
upset the finding recorded by the court below. Apart from above, it is
required to be noted that the Court has already taken recourse to the
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213 WP-877-2005.doc
provisions of Sections 15 and 16 of the Hindu Succession Act for
rejecting the prayer of the Petitioners for impleading them as Plaintiffs
in the aforesaid proceedings.
3]In the aforesaid backdrop, no case for interference is made out.
Petition as such stands dismissed.
4]However, dismissal of the Petition shall not come in the way of
the Petitioners in pursuing the pending Probate Proceedings.
(NITIN W. SAMBRE, J. )
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1 issue framed by the court
Whether the High Court should interfere in a finding rejecting the prayer for impleading petitioners as plaintiffs in succession proceedings.
Mr. Pushpawati K. Mehta & Anr.
Saroj B. Vora and Others
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court