Kamalrukh Wajid Khan (Plaintiff) vs Razia Sharafat Ali Khan (Defendant) — Bombay HC (2025) — LawSathi Research

Kamalrukh Wajid Khan (Plaintiff) vs Razia Sharafat Ali Khan (Defendant) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Praecipe disposed of by appointing Mr. Shamim Dalvi as Mediator, by consent, to resolve the disputes between the parties in Testamentary Suit No. 58 of 2025 (mediated jointly with Testamentary Suit No. 72 of 2023), with mediation fees to be shared equally by the parties and the Mediator's report due by 14 January 2026.

Issue for consideration

Whether, on mention by praecipe, a mediator should be appointed by consent to resolve the disputes between the parties in Testamentary Suit No. 58 of 2025, and on what terms the mediation is to proceed.

Court's answer

By consent of both sides, Mr. Shamim Dalvi, an Advocate/Counsel practising in the Court, is appointed as Mediator to resolve the disputes between the parties.

Ratio / Principle

Parties are to approach the learned Mediator to fix the schedule of dates of meeting.

Key takeaways

Parties shall extend full co-operation during the mediation.ratio¶18
Both parties agree to bear the fees/costs of mediation and the Mediator's charges equally.ratio¶19
Advocate for the Plaintiff is to co-ordinate with the learned Mediator and the parties/Advocates for arranging the mediation meetings.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Milind N. Jadhav, J.), order dated 08.12.2025 in Testamentary Suit No. 58 of 2025 in Testamentary Petition No. 36 of 2023 (Kamalrukh Wajid Khan v. Razia Sharafat Ali Khan, estate of deceased Wajid Sharafat Khan): On a praecipe mention, and by consent of counsel for both sides, the Court appointed Mr. Shamim Dalvi, Advocate practising in the Court, as Mediator to resolve the disputes between the parties. Parties were directed to fix meeting schedules with the Mediator, extend full co-operation, and share mediation fees/Mediator's charges equally; the Plaintiff's Advocate was made the co-ordinating point of contact. The Mediator was permitted to call for documents, which the parties were directed to produce before him. The Court clarified that the present suit shall be mediated along with Testamentary Suit No. 72 of 2023. The Mediator was asked to submit his report by 14th January 2026, to which date the matter was stood over, and the praecipe was disposed of.

P2.TS.58.2025.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY SUIT NO.58 OF 2025 IN

TESTAMENTARY PETITION NO.36 OF 2023

Wajid Sharafat Khan	.. Deceased
IN THE MATTER BETWEEN:
Kamalrukh Wajid Khan	.. Plaintiff
Versus
Razia Sharafat Ali Khan	.. Defendant

Ms. Kaizeen Mistry, Advocate for Plaintiff.

Ms. Heena Siddique, Advocate i/by Topright Juris Legal for Defendant through Video Conferencing.

CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 08, 2025

P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated 08.12.2025. Perused the praecipe.

2. Heard Ms. Mistry, learned Advocate for Plaintiff and Ms. Siddique, learnd Advocate for Defendant through Video Conferencing.

3. By consent of both learned Advocates appearing for the respective parties, Mr. Shamim Dalvi, learned Advocate / Counsel practicing in this Court (Landline No. 022 22045434) is appointed as Mediator to resolve the disputes between parties.

4. Parties to approach the learned Mediator to fix the schedule of dates of meeting with the parties.

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P2.TS.58.2025.doc

5. Parties shall extend full co-operation during mediation.

6. Both parties agree to bear the fees / costs of mediation / Mediator’s fees / charges equally.

7. Advocate for Plaintiff shall co-ordinate with the learned Mediator as well as respective parties / Advocate for Defendants for the purpose of arranging the mediation meetings.

8. Learned Mediator is requested by this Court to submit the report by 14^th January 2026 .

9. The learned Mediator is permitted by this Court to call for the documents and parties are directed to produce the same before the learned Mediator.

10. It is clarified that this Testamentary Suit No.58 of 2025 shall be mediated alongwith Testamentary Suit No.72 of 2023.

11. Stand over to 14^th January 2026 .

12. Praecipe is disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.12.08 15:25:27 +0530

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