Mrs. Lubna Taher Baig D/O Ahmed Batliwala And ORS v. Reshma Fiona Fernandez And ANR

KVM 1/1 21 - WP 14572 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14572 OF 2022 Lubna Taher Baig & Ors.

..... Petitioners

VERSUS

Reshma Fiona Fernandez & Anr.

..... Respondents KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.08.09 15:40:03 +0530 Mr.Ajit Anekar a/w. Ms.Ashlesha Modak i/b. Auris Legal for the Petitioners.

Mr.Aloukik R.Pai a/w. Mr.Atharva Sane and Ms.Ashesha Chheda for the Respondent No.1.

CORAM: ABHAY AHUJA, J.

DATE : 8th AUGUST, 2023 P.C:- Both the learned counsel are of the view that this petition can be disposed of with a clarification that the finding in the impugned order dated 25th March, 2021 that whether Sunita and the respondent no.1 in the petition have a relationship of adopted mother and daughter is a matter of evidence that has to be decided at the time of trial and that the evidence on record proves that the respondent no.1 was a legal representative of the deceased Sunita is a prima facie observation. 2.

Keeping all contentions open, petition stands disposed with the above observation.

3.

Let the trial proceed as per schedule.

[ABHAY AHUJA, J.]