Pradeep Kishan Hirani v. Pushpa Kishan Hirani
Case brief
What is this about?
Bombay High Court; Testamentary and Intestate Jurisdiction; Interim Application No.2538 of 2024; Testamentary Suit No.34 of 2024; Testamentary Petition No.696 of 2023; Suit No.482 of 2023; estate of deceased Kishan Hirani; leave and licence flats; outstanding licence fee Rs.47,00,000/-; Saturn Apartment flat; Jewel Apartment flat; Kakad Apartment flat; Hicon Enclave Apartment flat; Court Receiver appointment; Order 40 Rule 1 Code of Civil Procedure 1908; collection of licence fees; recovery of possession; renewal of leave and licence agreement; no third-party rights; interim application disposed of as infructuous; ad-interim relief order dated 21 December 2023; mediation referral; Atul Damle Senior Advocate appointed Mediator; mediation costs shared equally; Arif S. Doctor J.; next date 2 July 2025; Pradeep Kishan Hirani; Pushpa Kishan Hirani; Sanjay Kishan Hirani.
What did the court decide?
Composite disposal order dated 2 May 2025: (i) Interim Application [L] No.9738 of 2023 allowed in terms of prayer clauses (c) and (d) - Court Receiver, High Court, Bombay appointed under Order 40 Rule 1 CPC over the Jewel Apartment Flat, Saturn Apartment Flat and Kakad Apartment Flat; (ii) licensee of the Saturn Apartment flat directed to pay outstanding licence fee of Rs.47,00,000/- within two months, with no further time to be entertained, physical possession withheld at this stage on the strength of counsel's undertaking, and any fresh leave and licence agreement to be executed within two weeks with the Court Receiver; (iii) Court Receiver appointed in respect of both flats with formal possession through the Receiver's board; (iv) copy of the order to be served on the licensee of the Jewel apartment; (v) Interim Application No.2538 of 2024 disposed of on counsel's statement that no third-party rights would be created in respect of the Hicon Enclave Apartment flat; (vi) Interim Application [L] No.28253 of 2024 and Interim Application [L] No.26741 of 2024 disposed of as infructuous; (vii) Mr. Atul Damle, Senior Advocate appointed Mediator, with costs, charges and expenses of mediation to be shared equally and Counsels to jointly fix the mediation schedule; (viii) matter stood over to 2nd July, 2025.