Kailash Chandra Dash - Applicant v. Shankar Ramlakhan Gupta
Case brief
What is this about?
Bombay HC, Testamentary & Intestate Jurisdiction — Misc. Petition No. 484 of 2025 in T.P. No. 1796 of 2012, decided 17 November 2025 by Sharmila U. Deshmukh, J. Testamentary petition withdrawn/disposed at petitioner's instance owing to parallel Civil Suit No. 1873 of 2016 pending at the Civil Court, Dindoshi, concerning ownership of the subject-property, which the Petitioner (Kailash Chandra Dash) claims through a registered Gift Deed; parties' rights and contentions on ownership expressly kept open; Petitioner permitted to file counter-claim if permissible in law; pending Interim/Civil Applications disposed. Respondent: Shankar Ramlakhan Gupta. Counsel: Mandar Soman; Gobinda C. Mohanty (i/b Mohanty and Associates) for Applicant; Prabhu Velar; Bhakti Patil for Petitioner.
What did the court decide?
Permission to withdraw the Testamentary Petition granted; Petition disposed of as withdrawn; parties free to contend on ownership of the subject-property in pending Civil Suit No. 1873 of 2016; Petitioner may file counter-claim if permissible in law; all rights and contentions kept open; pending Interim/Civil Applications disposed of.