Kantilal Dharshi Shah v. Jayesh Jayant Shah

19 - LPETN. 62 - 2021 in APPL. 259-2019 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION No. 62 OF 2021 IN APPEAL (L) No. 259 OF 2019 IN NOTICE OF MOTION (L) No. 254 OF 2018 IN THIRD PARTY APPLICATION FOR COUNTER CLAIM (L) No. 259 OF 2018 IN TESTAMENTARY PETITION No. 816 OF 2015 Kantilal Shah ...

Applicant / Appellant Vs.

Jayesh Jayant Shah ...

Respondent *** Mr. Karl Tamboly a/w Chandra Naik a/w Chaitali Gosavi, for the Appellant.

*** CORAM : S. J. KATHAWALLA & VINAY JOSHI, JJ.

DATE : MARCH 9, 2021 PC :

1.

The Appellant has fled an appeal, impugning the order dated 29th November, 2018 passed by the learned Single Judge of this Court in Notice of Motion (L) No. 254 of 2018. Ofce has raised an objection to the efect that the Appellant ought to have taken leave under XL of the Letters Patent, for challenging the interim order dated 1 / 2

19 - LPETN. 62 - 2021 in APPL. 259-2019 29th November, 2018.

2.

In our view, ofce ought not to have raised the said objection since the Applicant is impugning the order passed in the Notice of Motion, to which the Appellant was a party (Third Party Applicant). In view thereof, ofce to number the appeal, if all other objections are complied with.

3.

Leave petition is accordingly disposed of.

Digitally signed by Vinayak P.

Halemath Date:

2021.03.10 17:05:27 +0530 Vinayak P.

Halemath Sd/- Sd/- [VINAY JOSHI, J.] [S. J. KATHAWALLA, J.] 2 / 2