The High Court of Judicature at Bombay dismissed a testamentary suit for non-prosecution as the plaintiff failed to appear on the date of hearing, despite prior directions to file affidavits and compile documents.
Suit dismissed for non-prosecution.
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.
bipin prithiani
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23-ts-155.16 & anr.doc
BIPIN DHARMENDER Digitally signed by BIPINDHARMENDER PRITHIANI PRITHIANI Date: 2024.03.06 15:57:36 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 155 OF 2016 IN
TESTAMENTARY PETITION NO. 746 OF 2015
Alazim Salim Kazani … Plaintiff Versus Shirin Salim Kazani (Caveatrix) … Defendant Salim Himatbhai Kazani … Deceased
WITH TESTAMENTARY PETITION NO. 386 OF 2017 WITH
WILL NO. 167 OF 2017 IN
TESTAMENTARY PETITION NO. 386 OF 2017
Ms. Gita Shashtri i/by Mevalal Verma for Caveatrix/Defendant.
CORAM: MANISH PITALE, J. DATE : 5th MARCH 2024
P.C. :
. In this suit, on 5th February 2024, there was no appearance on behalf of the plaintiff and this Court took note of the fact that the defendant has filed an independent testamentary proceeding in the form of Testamentary Petition bearing No. 386 of 2017, propounding a subsequent Will of the deceased.
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bipin prithiani
23-ts-155.16 & anr.doc
today, as a matter of last chance for the plaintiff to appear before this Court to pursue the proceedings. It is to be noted that issues were framed as far back as on 20th December 2016, when the plaintiff was directed to file affidavit in lieu of examination-inchief and compilation of documents. The said directions appear to have been complied with.
MANISH PITALE, J.
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
