Mansukhlal Nandlal Seth vs Ankit Anil Agarwal — Bombay HC (2025) — LawSathi Research

Mansukhlal Nandlal Seth vs Ankit Anil Agarwal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 1st April 2024 quashed and set aside by consent; matter remanded to the Learned Single Judge for a fresh hearing on Misc. Petition No. 409 of 2023 with all rights and contentions kept open; Appeal disposed of with no order as to costs; Interim Application No. 4251 of 2025 disposed of as nothing survived.

Issue for consideration

Whether the executor of the subject will could be denied authority to sell Flat No. 35, Ameeta Building, along with the car parking space, on the Learned Single Judge's view that the flat is bequeathed to all three beneficiaries - the correctness of that view being what this Appeal challenged (ultimately left undecided on remand).

Court's answer

On the consensus of both parties, arrived at after partial arguments raised points not canvassed before the Learned Single Judge, the impugned order dated 1st April 2024 was quashed and set aside by consent and the matter remanded to the Learned Single Judge for a fresh hearing on Misc. Petition No. 409 of 2023.

Ratio / Principle

All rights and contentions of all parties were expressly kept open to be agitated before the Learned Single Judge.

Key takeaways

This Court did not opine on the merits of the Misc. Petition, one way or the other.ratio¶6
In light of the disposal of the Appeal, nothing survived in Interim Application No. 4251 of 2025 filed in the Appeal, and it was disposed of accordingly.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (B. P. Colabawalla & Amit S. Jamsandekar, JJ.), order dated 16 December 2025 in Appeal No. 132 of 2024 arising from Misc. Petition No. 409 of 2023 in Testamentary Petition No. 2895 of 2019. The Appellant, original petitioner (executor of the subject will, probate whereof was granted on 13 June 2023), had sought authority to sell Flat No. 35, Ameeta Building, 7th Floor, General Jagannath Bhosle Marg, Opposite Sachivalaya, Mumbai 400021, with car parking, plus ancillary directions. The Learned Single Judge's order dated 1 April 2024 declined permission on the view that the flat is bequeathed to all three beneficiaries; that order was impugned. After partial arguments disclosed points not earlier canvassed, both parties consented to setting the order aside; the Division Bench quashed and set aside the order dated 1 April 2024 and remanded Misc. Petition No. 409 of 2023 to the Learned Single Judge for a fresh hearing, expressly keeping all rights and contentions open and stating that it had not opined on the merits. Appeal disposed of; no order as to costs; Interim Application No. 4251 of 2025 disposed of as nothing survived.

48.os.app.132.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 132 OF 2024 IN MISCELLANEOUS PETITION NO. 409 OF 2023 IN TESTAMENTARY PETITION NO. 2895 OF 2019

Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2025.12.23 19:10:11 +0530

Mansukhlal Nandlal Sheth

.. Appellant (Orig. Petitioner)

Versus

Ankit Anil Agarwal & Ors. .. Respondents (Orig. Respondent)

WITH INTERIM APPLICATION NO. 4251 OF 2025 IN

APPEAL NO. 132 OF 2024

Ankit Anil Agarwal .. Applicant (Org. Respondent no. 1)

In the matter between

Mansukhlal Nandlal Sheth .. Appellant (Orig. Petitioner) Versus Ankit Anil Agarwal & Ors. .. Respondents (Orig. Respondent)

Mr. Ram S. Apte, Senior Advoate a/w Mr. Harshal P. Nahata i/b.Suman Jain , Advocates for Appellant.

Mr. Anil Agarwal, Advocate for the Respondent No. 1.

Ms. Sonal a/w Mr. Abbas Zaidy, Mr. Aditya A. Kavale i/b Zohair and Co., Advocate for the Respondent No. 2.

Page 1 of 4 DECEMBER 16, 2025

48.os.app.132.2024.odt

CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE: DECEMBER 16, 2025

P. C.

The above Appeal is filed challenging the order passed by the Learned Single Judge dated 1^st April, 2024, passed in Misc. Petition No. 409 of 2023 in Testamentary Petition No. 2895 of 2019.

By the said Misc. Petition, the executor of the subject will, in respect of which probate was granted by this Court on 13^th June 2023, sought the authority to sell immovable property i.e. Flat No. 35, Ameeta Building, 7^th Floor, General Jagannath Bhosle Marg, Opposite Sachivalaya, Mumbai 400021, along with the car parking space. Ancillary directions in that behalf were also sought by the executor who was the petitioner in the Misc. Petition.

The Learned Single Judge was of the view that since the said flat is bequeathed to all the three beneficiaries, the executor cannot be allowed to sell the said flat. It is this order that is impugned in the present Appeal.

After the above Appeal was argued for some time, and since there were arguments raised by both sides which were not canvassed before

Page 2 of 4 DECEMBER 16, 2025

Rohit Ghuge (PA)

48.os.app.132.2024.odt

the Learned Single Judge, both parties agreed that the impugned order dated 1^st April 2024, be set aside by consent, and the matter be remanded back to the Learned Single Judge for a fresh hearing.

In light of the aforesaid consensus, the order dated 1^st April 2024 is hereby quashed and set aside. The matter is now remanded back to the Learned Single Judge to give a fresh hearing to the parties on Misc. Petition No. 409 of 2023.

It is needless to clarify that all rights and contentions of all parties are expressly kept open to be agitated before the Learned Single Judge. We have not opined on the merits of the Misc. Petition, one way or the other.

The Appeal is accordingly disposed of in the aforesaid terms. However, there shall be no order as to costs.

In light of the disposal of the Appeal, nothing survives in the Interim Application filed in the above Appeal, and the same is disposed of accordingly.

Page 3 of 4 DECEMBER 16, 2025

Rohit Ghuge (PA)

48.os.app.132.2024.odt

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[ AMIT S. JAMSANDEKAR , J.] [B. P. COLABAWALLA, J.]

Page 4 of 4 DECEMBER 16, 2025

Rohit Ghuge (PA)