Ramesh Deepchand Vazirani vs Aruna Ramesh Kriplani — Bombay HC (2025) — LawSathi Research

Ramesh Deepchand Vazirani vs Aruna Ramesh Kriplani — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No.3248 of 2024 allowed in terms of prayer clause (a): witness summons to the Hon. Secretary/Chairman of the Sindhi Immigrants Co-operative Housing Society Ltd to appear before the Court and give evidence; original Petitioner at liberty to cross-examine, such cross-examination to be completed in one session only; Application disposed of.

Issue for consideration

Whether the witness summons sought by Defendant No.2 by Interim Application No.3248 of 2024 — summoning the Hon. Secretary/Chairman of the Sindhi Immigrants Co-operative Housing Society Ltd to appear before the Court and give evidence — should be allowed.

Court's answer

The Court was considering only whether the witness should be summoned, not the appreciation of evidence that might be led through such witness, and found that the Interim Application sets out sufficient cause for allowing it.

Ratio / Principle

The Interim Application is allowed in terms of prayer clause (a), i.e., a witness summons is to be issued to the Hon. Secretary/Chairman of the Sindhi Immigrants Co-operative Housing Society Ltd.

Key takeaways

The original Petitioner (Plaintiff) remains at liberty to cross-examine the summoned witness and to contend that the evidence to be led is irrelevant for the purpose of the present Suit.ratio¶42
Cross-examination of the summoned witness shall be completed in one session only and no more.ratio¶44

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary and Intestate Jurisdiction), Arif S. Doctor, J. — Order dated 26 February 2025 in Testamentary Suit No.48 of 2016 (proceeding in Testamentary Petition No.1816 of 2015 for probate of the Last Will and Testament of Ishwari Deepchand Vazirani, mother of the Plaintiff and Defendant Nos.1 and 2). On Interim Application No.3248 of 2024 by Defendant No.2 seeking a witness summons to the Hon. Secretary/Chairman of the Sindhi Immigrants Co-operative Housing Society Ltd and production of documents listed in Annexure 'A': Plaintiff's counsel objected that the petition concerns the mother's estate while the proposed evidence pertains to the father's estate. Holding that it was concerned only with whether the witness should be summoned and not with appreciation of evidence, and finding sufficient cause, the Court allowed the Application in terms of prayer clause (a), left the original Petitioner free to cross-examine the witness and to urge that the evidence would be irrelevant, confined cross-examination to one session, and disposed of the Application. Interim Application No.1954 of 2023, already disposed of, was removed from the board.

1 20-TS 48-16@connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY SUIT NO.48 OF 2016

IN

TESTAMENTARY PETITION NO.1816 OF 2015

Aruna Ramesh Kriplani nee Aruna

Deepchand Vazirani

… Plaintiff

V/s.

Amar Deepchand Vazirani & Anr. … Defendants

WITH

INTERIM APPLICATION NO.3248 OF 2024

MUGDHA MANOJ PARANJAPE

Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2025.02.27 17:07:39 +0530

IN

TESTAMENTARY SUIT NO.48 OF 2016

WITH

INTERIM APPLICATION NO.1954 OF 2023

IN

TESTAMENTARY SUIT NO.48 OF 2016

Adv. Sheetal Kumar a/w Rohit Zaveri, Vidhi Raichana i/by Nityoah Suneel & Associates for the Plaintiff.

Adv. Priyanka Pardeshi a/w Prakash Prabhu i/by Rita Bhatia i/by RDB Legal for the Defendants.

Aruna Ramesh Kariplani, Plaintiff in person present.

Mugdha

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2 20-TS 48-16@connected matters.doc

CORAM : ARIF S. DOCTOR, J. DATE : 26TH FEBRUARY 2025

P.C. :

Interim Application No.3248 of 2024

By way of the present Interim Application, the Applicant, who is

Defendant No.2 in the captioned Suit, has sought the following reliefs:

“(a) Issue a Witness Summons to the Hon. Secretary / Chairman of the Sindhi Immigrants Co-operative Housing Society Ltd at their registered office at Nichaidas Market, Little Malabar Hill, Chembur, Mumbai - 400 071, to appear before this Hon‘ble Court and give evidence in this matter;

(b) Direct the Sindhi Immigrants Co-operative Housing Society Ltd to produce the documents listed in Annexure "A" before this Hon‘ble Court;

(c) Grant interim and ad-interim reliefs in terms of prayers (a) and (b);

(d) Award costs; and

(e) Grant such further and other reliefs as the nature and circumstances of the case may require”

The Application was opposed by Learned Counsel for the Plaintiff, who pointed out that the Testamentary Petition has been filed for Probate of the Last Will and Testament of one Ishwari Deepchand Vazirani, who is the mother of the Plaintiff and Defendant Nos.1 and 2. She submitted that the estate in question is the mother’s estate and not father’s estate and the evidence of the witness, that has now been sought to be led pertains to the father’s estate.

Mugdha

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3 20-TS 48-16@connected matters.doc

Having due regard to the submissions made today, I am at this

stage considering as to whether witness should be summoned or not. I am not presently concerned with the appreciation of evidence that might be led through such witness. In my view, the Interim Application sets out sufficient cause for allowing the same. Needless to state that the original Petitioner shall be at liberty to cross-examine the said witness as also to point out that the evidence which is going to be led would be irrelevant for the purpose of the present Suit.

With these, the Interim Application is allowed in terms of prayer clause (a), which is reproduced above.

It is made clear that the cross-examination of the said witness shall be completed in one session only and no more.

Interim Application is accordingly disposed of.

Learned Counsel for the Defendants submits that her clients shall

duly cooperate with the Court Commissioner and also sign the report as prepared.

Mugdha

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4 20-TS 48-16@connected matters.doc

Learned Counsel submit that Interim Application No.1954 of

2023, which is on board today, has already been disposed of. Hence, the same is removed from board.

(ARIF S. DOCTOR, J.)

Mugdha

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