Dismissed

Mrs. Fizzah Navnitlal Shah v. M/S Ashapura Exports Pvt. Ltd. and Ors.

Bombay HC7 Sept 2023WP/11571/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court set aside the impugned order of the trial Court which allowed an application to bring legal heirs on record in a civil suit. The Court directed the trial Court to decide the application afresh after hearing all relevant parties and considering pending orders in a related suit.

What did the court decide?

Impugned order set aside; application restored to trial Court for fresh consideration and disposal after hearing all parties and reconsidering the related High Court order.

Mrs. Fizzah Navnitlal Shah Vs M/S Ashapura Exports Pvt. Ltd. and Ors. — Partition | Bombay HC (2023)

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905-wp-11571-22.doc

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DINESH SADANAND SHERLA

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Digitally signed by DINESH SADANAND SHERLA Date: 2023.10.31 10:42:36 +0500

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11571 OF 2022

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Fizzah N. Shah ...Petitioner Versus M/s. Ashapura Exports Pvt. Ltd. & Ors. ...Respondents

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Mr. Shardul Singh with Ms Kirtida Chandarana and Mr. Naozad Golwalla i/b Mr. Mahernosh Humranwala for the Petitioner. Mr. Dakshesh M. Vyas a/w. Mr. Nishant Vyas, Mr. Yagnesh Vyas and Mr. Parth Choudhary for Respondent No.1. Mr. Pradeep Thorat a/w. Mr. Akshay B. Udeshi for Respondent Nos.3 to 7.

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CORAM : N. R. BORKAR, J. DATE : 7 SEPTEMBER 2023.

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PC:-

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The petitioner is defendant No.2 in a suit fled by the respondent No.1 for declaration. The husband of the petitioner was defendant No.1, who died during the pendency of said suit. In view of death of the husband of the petitioner, the respondent No.1 has moved an application for bringing his legal heirs on record.

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The present petitioner contested the said application. According to the petitioner, her husband executed Gift Deed in her favour in relation to his ½ share in the suit premises and as such the other legal heirs do not have any right title interest in the suit premises and therefore, they are neither necessary nor proper party to the suit as she is absolute owner of the suit premises.

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Dinesh S. Sherla

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905-wp-11571-22.doc

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The trial Court has allowed the said application by the order impugned.

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I have heard the learned counsel for the parties.

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It appears that in a suit fled by the legal heirs of husband of the petitioner before this Court challenging the Gift Deed, this Court has passed certain orders and the said orders were produced before the trial Court. The trial Court has however, not at all considered the said orders while deciding application at Exhibit-21. The impugned order, therefore, cannot be allowed to stand and the same is set aside. The application below Exhibit-21 is restored on the fle of the trial Court. The trial Court shall decide the said application afresh.

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Needless to mention that the trial Court shall hear the respondent Nos.2 to 8 before passing any orders on application at Exhibit-21.

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All rights and contentions of the parties are kept open.

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The Petition is disposed of in the aforesaid terms

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(N. R. BORKAR,J.)

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Dinesh S. Sherla

Mrs. Fizzah Navnitlal Shah v. M/S Ashapura Exports Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Fizzah Navnitlal Shah v. M/S Ashapura Exports Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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