M/S Sagdeo Towers, Dhantoli, Nagpur through Its Partner, Shri Vinod Sagdeo and Others vs Balbirsing S/O Pritamsingh Renu and Others — Bombay HC (2025) — LawSathi Research

M/S Sagdeo Towers, Dhantoli, Nagpur through Its Partner, Shri Vinod Sagdeo and Others vs Balbirsing S/O Pritamsingh Renu and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Substitution of the Applicant Rajesh Jeevan Patel as legal representative of the deceased Appellant No.4 on record, subject to the condition that he shall not claim the benefit of the decree individually to the exclusion of the other Class-I legal representatives unless the Will is proved in accordance with law, and that he will appear for and on behalf of all legal representatives till the Will is proved.

Issue for consideration

Whether Rajesh Jeevan Patel, son of the deceased Appellant No.4 (Jeevan Daulat Patel), should be brought on record as legal representative of the deceased appellant in Second Appeal No. 350 of 2019. +1 more

Court's answer

The Civil Application is allowed, permitting the name of the Applicant, Rajesh Jeevan Patel, to be substituted as legal representative of the deceased Appellant No.4 on record.

Ratio / Principle

It is clarified that unless the Will is proved in accordance with law, the Applicant will not be entitled to claim the benefit of the decree individually to the exclusion of the other Class-I legal representatives of the deceased Appellant No.4 (his three daughters, Sharmila, Anjali and Vaishali, identified on perusal of the Will).

Key takeaways

Until the Will is proved in appropriate proceedings in accordance with law, the Applicant Rajesh Patel will appear in the matter for and on behalf of all the legal representatives.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Rohit W. Joshi, J.; order dated April 23, 2025) in Civil Application (CAS) No. 112 of 2025 in Second Appeal No. 350 of 2019 (M/s Sagdeo Towers & Ors. v. Balbirsing Pritamsingh Renu & Ors.): allowed the application of Rajesh Jeevan Patel, son of deceased Appellant No.4 Jeevan Daulat Patel (who died on 28/2/2020), to be substituted on record as the deceased appellant's legal representative on the basis of a Will allegedly executed on 27/10/2016. On perusal of the Will, the Court noted that the deceased also left three daughters — Sharmila, Anjali and Vaishali — who are equally his Class-I legal representatives, and clarified that unless the Will is proved in accordance with law, the Applicant will not be entitled to claim the benefit of the decree individually to the exclusion of those other Class-I legal representatives; until the Will is proved in appropriate proceedings, the Applicant will appear in the matter for and on behalf of all the legal representatives. Civil Application disposed of in these terms.

1/2 4.cas.112.2025 in sa.350.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAS) NO. 112 OF 2025 IN

SECOND APPEAL NO. 350 OF 2019

(M/s Sagdeo Towers & Ors. V/s Balbirsing Pritamsingh Renu & Ors.)

Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

Court’s or Judge’s orders

Mr. P. V. Vaidya, Advocate for Appellants.

CORAM : ROHIT W. JOSHI, J. DATE : APRIL 23, 2025.

. The Appellant No.4 – Jeevan Daulat Patel has expired on 28/2/2020. His son Rajesh Jeevan Patel has filed the present Application for bringing his name as legal representative of deceased Appellant No.4 on record, on the basis of the Will allegedly executed by the Appellant No.4 in his favour on 27/10/2016.

Perusal of the Will indicates that the Appellant No.4 has three daughters namely, Sharmila, Anjali and Vaishali. They are also his Class-I legal representative apart from the Applicant Rajesh Patel (son). The deceased Appellant No.4 – Jeevan Patel was a partner in Appellant No.1 – M/s Sagdeo Towers, which is stated to be a registered partnership Firm.

In that view of the matter, Civil Application is allowed by permitting the name of Applicant, viz – Rajesh Jeevan Patel to be substituted as legal representative of the deceased Appellant

2/2 4.cas.112.2025 in sa.350.2019.odt

No.4 on record. However, it is clarified that unless the Will is proved in accordance with law, the Applicant will not be entitled to claim benefit of the decree individually to the exclusion of the other Class-I legal representatives of deceased Appellant No.4 mentioned above. It will be pertinent to note that the Applicant Rajesh Patel will appear in the matter for and on behalf of the all legal representatives till the Will is proved in an appropriate proceedings in accordance with law.

4. Civil Application is disposed of in above terms.

(ROHIT W. JOSHI, J.)

vijaya

Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 25/04/2025 14:53:36