Reshma Hari Apte @ Reshma Chaitanya Bhide v. Sunita Prabhakar Limaye And 2 ORS

1 69-Lpetn 23-20 in sl 63-20 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.23 OF 2020 IN SUIT (L.) NO.63 OF 2020 Reshma Hari Apte @ Reshma Chaitanya Bhide ..Petitioner In Reshma Hari Apte @ Reshma Chaitanya Bhide ..Plaintiff

Versus

Sunita Prabhakar Limaye & Ors.

..Respondents/Defendants ----- Mr.Rushabh Sheth i/b. Mr.Pratik Amin for Petitioner. ---- CORAM :

G.S. KULKARNI, J.

DATE :

18th FEBRUARY, 2020 P.C.:

1.

This is a petition seeking leave under Clause XII of the Letters Patent. The suit in question is for administration of the estate of the deceased Prabhakar Limaye. Petitioner/plaintiff is the granddaughter of the deceased. Respondent No.1/Defendant No.1 is the wife of the deceased who is resident of Mumbai. Respondent No.2 is the daughter of the deceased who is resident of Pune and respondent No.3 is the son of the deceased who is resident of Mumbai. Learned Counsel for the applicant has drawn my attention to the schedule of the properties (Exhibit-C to the plaint) stating that both the immovable properties are situated at Mumbai as also movable properties which are bank accounts are also held in the banks at Mumbai and lockers in banks which are in Mumbai. The reason for filing this petition is that respondent No.2 is resident of Pune.

2.

Having perused the relevant averments as made in the plaint as also the averments in the leave petition, I am of the opinion that material part of cause of action has arisen at Mumbai within the jurisdiction of this Court and with the leave of this Court being granted under Clause XII of the Letters Patent, this Court would have jurisdiction to try and entertain this suit. 3.

Leave granted. The petition is accordingly allowed. [G.S. KULKARNI, J.]