The High Court of Bombay disposed of an appeal and interlocutory proceedings based on consent terms entered by all parties, which concluded the dispute regarding a testamentary petition and development project undertakings.
The Appeal and all interlocutory proceedings were disposed of in terms of the consent terms accepted by the Court.
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.
Digitally signed by MULEY MULEYSHUBHAMPRAVINRAO SHUBHAMPRAVINRAODate:2024.04.24 19:36:49 +0530
1 8-APP-10-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 10 OF 2016
IN
NOTICE OF MOTION (L) NO. 108 OF 2013 IN
HIGH COURT SUIT NO. 22 OF 2012
IN
TESTAMENTARY PETITION NO. 1156 OF 2011
Burjor Hormusji Anita … Appellant
V/s.
Porushesp Hosabd Debara & Anr. … Respondents
WITH
NOTICE OF MOTION NO. 1999 OF 2017 IN
APPEAL NO. 10 OF 2016
Mr. Karl Shroff a/w Mr. B. K. Bali i/by M/s. Bali Associates for Appellant.
Mr. Neville Deboo i/by Wadia Gandhy & Co. for Respondent Nos.1 & 2.
Mr. Mangesh D. Chavan for Respondent No.3.
Ms. Mugdha M. Sawant, constituted attorney of Respondent No.3 is present.
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE : 23rd APRIL, 2024
1 of 3
Shubham
2 8-APP-10-2016.doc
P.C.:
“2. I state that the Trustees of Funds & Properties of the Parsi Punchayet Bombay i.e. Respondent No.3 have proposed partial development of its property known as Sir Shapurji Bharucha Baug situated at S. V. Road, Andheri (West), Mumbai 400058 as per the Plan annexed hereto at Exhibit “A” and have agreed to utilize amount of Rs.2,72,69,205.57 with accrued interest thereon from the Estate of late Jer Minoo Bharucha for the aforesaid
2 of 3
Shubham
3 8-APP-10-2016.doc
development project and also agreed to name one of the three wings of the said development project as “Jermin Building/Wing” in the memory of and as per the wishes of the deceased late Minoo Sorabji. Bharucha and the deceased Jer Minoo Bharucha, expressed in their respective Probated Wills and have accordingly given an Undertaking to that effect in Clauses Nos. 5 and 6 of the Consent Terms dated 8th April 2024.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
3 of 3
Shubham
Burjor Hormusji Anita
Porushesp Hosabd Debara
Respondent No. 3 (Trustees of Funds and Properties of the Parsi Punchayet Bombay)
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
