Pratik Mohit Kothari v. Shobhana Kantilal Damani (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 9 OF 2021 IN TESTAMENTARY PETITION NO. 784 OF 2020 Pratik Mohit Kothari ...Plaintif

Versus

Bharat K Damani ...Defendant WITH TESTAMENTARY SUIT NO. 10 OF 2021 IN TESTAMENTARY PETITION NO. 785 OF 2020 Shephali Mormare Pratik Mohit Kothari ...Plaintif

Versus

Bharat K Damani ...Defendant by Shephali Mormare Date: 2021.03.05 11:02:11 +0530 Mr Mayur Khandeparkar, with Mr Ativ Patel, i/b AVP Partners, for the Plaintiff Mr Shreeganesh Khaire, for the Defendantf CORAM: G.S. PATEL, J DATED:

PC:-

1.

A few corrections are required to the order of 18th February 2021. Shobhana, the wife of Kantilal Gulabrai Damani, died after him. The sentence in the last line of paragraph 1 is an error. Further, it seems that Kantilal owned one of the two fats in the Shreepati Arcade. The other fat stood in Shobhana's name. These corrections are accepted by both sides.

2.

Mr Chirag Kothari is present at the hearing today over the video conferencing link. Pratik Kothari is present in Court as are Bharat Damani and Ms Manisha Kothari.

3.

Mr Khaire confrms that Bharat Damani has paid of all dues of the society i.e. an amount of Rs. 3,12,985/- towards maintenance charges and Rs.1,25,868/- towards the major repair funds. There is a no dues certifcate of 2nd March 2021 from the society. A copy is retained on record and marked "X1" collectively, for identifcation along with a copy of the MCGM of the property tax bills. 4.

The originals/frst copies are given to Mr Khandeparkar in Court today.

5.

As noted in the order of 18th February 2021, Bharat is occupying both Flat Nos. 801 and 802. He has indicated his preference to continue in occupation of Flat No. 802. It seems that Flat No. 802 does not have an independent kitchen and it will take him some time to make the necessary arrangements. He requests a period of four weeks to vacate Flat No. 801. I will give him slightly

longer, until 19th April 2021. Mr Bharat Damani will have to obtain the necessary permissions for the interior work at his own costs. 6.

The partition or separating wall between the two units will be put up by the parties strictly in accordance with the sanctioned plan. The parties will bear the costs of this partition wall equally. A copy of this order is to be given to the authorities concerned in the MCGM including a 'D' ward and in the Buildings Proposals Department. The MCGM is directed to accord the necessary permissions without any objections, provided that the proposed work conforms to the sanctioned plan.

7.

As previously agreed, the testamentary petition which is for Letters for Administration with Will annexed will stand dismissed as unconditionally withdrawn. Mr Chirag Kothari and Mr Pratik Kothari agree that they will not make any claim under the Will in question. The statement is noted and accepted as an undertaking to the Court.

8.

This order is by way of a family settlement. For the purposes of property tax, title registration and transmission/transfer a copy of this order along with the 18th February 2021 order may be lodged for registration as such.

9.

The Shreepati Arcade CHSL is directed to expeditiously grant all necessary permissions to give efect to this order.

10. Consequently Flat No. 801 will stand in the name of Ms Manisha Mohit Kothari. Flat No. 802 will stand in the name of Mr Bharat K Damani. The original title documents for each of the fats will be retained by the parties entitled thereto. If the Kothari family has the title documents to Flat No. 802 these will be handed over to Mr Khaire on behalf of Mr Bharat Damani within one week from today.

11. Both Testamentary Petitions and Testamentary Suits are disposed of in these terms. No costs.

copy of this order.

(G. S. PATEL, J)