Ajaykumar Manharlal Shah v. Ashok Kumar Manharlal Shah
Case brief
What is this about?
High Court Bench held that an appeal against grant of Letters of Administration is maintainable. The testamentary petition was converted to a suit per court rules. Limitation challenge was rejected as appeal was filed within time.
What did the court decide?
Interim application dismissed; Appeal to be taken up for hearing.
What the court decided
1 IA 5281-22 in APP 45-10.doc
Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2024.02.06 14:05:55 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO.5281 OF 2022 IN APPEAL NO.45 OF 2010 IN TESTAMENTARY SUIT NO.66 OF 1993 IN
TESTAMENTARY PETITION NO.495 OF 1993 WITH NOTICE OF MOTION NO.189 OF 2017 IN APPEAL NO.45 OF 2010
Ajaykumar Manharlal Shah … Applicant/Org. Respondent In the matter between Ashokkumar Manharlal Shah … Appellant/Org. Defendant Vs. Ajaykumar Manharlal Shah … Respondent/Org. Petitioner
Mr. Ajaykumar Shah, Applicant in person present.
Mr. Aseem Naphade a/w Mr. M. K. Tanna i/by A. V. Jain Associates for the Appellant in Appeal No.45 of 2010.
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE : 06th FEBRUARY 2024
Issues for consideration
3 issues framed by the court
Whether an appeal against the grant of Letters of Administration is maintainable.
Whether Rule 403 of the Bombay High Court Rules converts the proceeding to a suit entitling a first appeal.
Whether Section 263 of the Indian Succession Act, 1925 bars an appeal not seeking revocation.
Parties & counsel
- appellant
Ashokkumar Manharlal Shah
- applicant
Ajaykumar Manharlal Shah
Coram
Devendra Kumar Upadhyaya
Case details
As recorded by the court registry
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