The Court allowed two testamentary suits upon the parties recording settled consent terms, withdrawing caveats, and restoring the petitions for issuance of probates.
Consent terms accepted; caveats withdrawn; suits restored; probates to be issued within six weeks from 07.10.2023.
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.
2_TS5&6_13_speaking.doc
(Corrected as per Speaking to Minutes of order dated 29.09.2023)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY & INTESTATE JURISDICTION
TESTAMENTARY SUIT NO.5 OF 2013 IN
TESTAMENTARY PETITION NO.1677 OF 2012
Mahendra Laxmi Shankar Joshi … Plaintiff Vs.
Shravan Laxmi Shankar Joshi alias Shravan Laxmi Narayan Joshi … Defendant
WITH INTERIM APPLICATION NO.5385 OF 2022
IN
TESTAMENTARY SUIT NO.6 OF 2013
IN
TESTAMENTARY PETITION NO.1679 OF 2012
WITH
CTS (L) NO.19040 OF 2022 IN TESTAMENTARY SUIT NO.6 OF 2013
Mr. Rohaan Cama a/w. Ms. Mansi Kaku i/b. M/s. Dhaval Vussonji & Associates for Plaintiffs / Petitioners.
Ms. Natasha Bhot for all the Caveators - Shashank Dave, Sushila Joshi, Sameer Joshi, Saumil Joshi and Dwaresh Joshi.
A. N. Pereira for Caveator – Usha Oza.
CORAM : MANISH PITALE, J. DATE : SEPTEMBER 27, 2023
P.C. :
Learned counsel appearing for the parties in these two suits jointly submit that the disputes are now settled and that consent terms have been executed in both the suits.
1/2
2_TS5&6_13_speaking.doc
citations to the said individuals in two newspapers. This Court is informed that the said direction has been complied with. But, the learned counsel for the parties submit that in that light, while this Court may allow the present proceedings, the consequential issuance of probates may be deferred to a date after 07.10.2023, when the period of 14 days from the publication expires.
(MANISH PITALE, J.)
Minal Parab
2/2
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
