Sangeeta Ashish Parikh vs Ashish Dhiraj Parikh(Deceased) — Bombay HC (2025) — LawSathi Research

Sangeeta Ashish Parikh vs Ashish Dhiraj Parikh(Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of one day in filing the Affidavit-in-support of Caveat condoned; Caveat dismissed and disposed with liberty to the Caveatrix to pursue her rights in the property and credits of the deceased on the basis of any writing before the appropriate Civil Court having original civil jurisdiction; Department directed to proceed with issuance of the Grant expeditiously.

Issue for consideration

Whether the delay of one day in filing the Affidavit-in-support of Caveat by the Caveatrix should be condoned. +1 more

Court's answer

For the reasons stated in the Application, the Interim Application for condonation of delay of one day in filing the Affidavit-in-support of Caveat is allowed and the delay stands condoned.

Ratio / Principle

In view of the reasons given and the nexus of the Caveatrix with the deceased, the Caveat cannot survive and is dismissed.

Key takeaways

The rights of the Caveatrix in any of the property and credits of the deceased on the basis of any writing can be exercised by her in the appropriate Civil Court having original civil jurisdiction, and any such Civil Court shall pass appropriate orders therein after hearing both sides.ratio¶19
The Department is directed to proceed further with issuance of the Grant expeditiously.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J.: Interim Application seeking condonation of a one-day delay in filing the Affidavit-in-support of Caveat by the Caveatrix (admitted sister of the deceased) was allowed and the delay condoned. The Caveat was taken up for hearing forthwith and dismissed, the Court recording that the Caveatrix's caveatable interest stood admittedly below the Petitioners, who are Class I heirs (wife and daughters of the deceased). While dismissing the Caveat, the Court expressly preserved the Caveatrix's remedy: any right claimed by her in the deceased's property and credits on the basis of any writing may be pursued before the appropriate Civil Court having original civil jurisdiction, which shall decide after hearing both sides. The Department was directed to proceed expeditiously with issuance of the Grant.

106.IAL.30198.2025.doc

HARSHADA H. SAWANT (P.A.)

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

INTERIM APPLICATION (L) NO.30198 OF 2025 IN

CAVEAT (LODGING) NO.15619 OF 2024 WITH TESTAMENTARY PETITION NO.1570 OF 2024

Arati Rajendra Shah Nee Arati Dhiraj Parikh .. Applicant IN THE MATTER BETWEEN: Ashish Dhiraj Parikh .. Deceased Sangeeta Ashish Parikh and Anr. .. Petitioners And Arati Rajendra Shah Nee Arati Dhiraj Parikh .. Caveator

Mr. B. G. Saraf, Advocate for Applicant / Caveator.

Ms. Yojana Gandhi, Advocate for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 05, 2025

P.C.:

1. Heard Mr. Saraf, learned Advocate for Applicant / Caveator

and Ms. Gandhi, learned Advocate for Petitioner.

2. Interim Application is filed for condonation of delay of one day in filing Affidavit-in-support of Caveat by Caveatrix. Caveatrix is admittedly sister of deceased. Her caveatable interest will be admittedly below the Petitioners who are Class I heirs namely wife and daughters of deceased.

3. Be that as it may, for the reasons stated in the Application, Interim Application is allowed. Delay stands condoned.

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106.IAL.30198.2025.doc

4. Caveat is taken up for hearing forthwith.

5. In view of the aforesaid reasons given and nexus of Caveatrix with the deceased, the Caveat cannot survive and is dismissed.

6. Needless to state that rights of Caveatrix in any of the property and credits of the deceased on the basis of any writing as argued by learned Advocate for Caveatrix can undoubtedly be exercised by her in the appropriate Civil Court having original civil jurisdiction. If at all any such steps are taken by Caveatrix, the concerned Civil Court shall pass appropriate orders therein after hearing both the sides.

7. In view of the above, Department is directed to proceed further with issuance of Grant expeditiously.

8. With the above directions, Interim Application is disposed and Caveat is also accordingly disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.12.06 19:06:43 +0530

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