Mr. Jayesh Ranchod Patel And ORS. v. Mr. Ramesh Ranchod Patel And Another

caf.1971.14.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1971 OF 2014 (FOR STAY) IN FIRST APPEAL NO. 546 OF 2014 Jayesh Ranchod Patel & Ors.

...Applicants

Versus

Ramesh Ranchod Patel & Anr.

...Respondents

Mrs. Prabha Uday Badadare for the Applicants Mrs. Teja Katdare for the Respondent No.1 CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 27TH JULY, 2015 P.C. :

1.

Heard learned Counsel appearing for the applicants and the learned Counsel appearing for the first respondent. Perused the operative part of the decree. Clause (1) of the operative part of the decree directs the first respondent to file inventory proceedings. Clause (2) grants declaration that the first respondent is the legal heir and the applicants are the legatees to inherit the property left behind by the deceased. Clause (3) declares the Will dated 6th April, 2004 as legal and valid. SQ Pathan 1/2

caf.1971.14.doc 2.

We see no reason to grant stay of operation of the decree. If inventory proceedings are filed by the first respondent, the same shall be disposed of expeditiously. After conclusion of the inventory proceedings, we grant liberty to the applicant to file appropriate application for claiming interim relief.

3.

Subject to what is observed above, application is disposed of. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2