Paresh Karsandas Toprani And 2 ORS v. Jayshree Dinesh Toprani And ANR

NMT87_17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.87 OF 2017 IN TESTAMENTARY SUIT NO.72 OF 2008 Jayshree Dinesh Toprani and another ...

Applicants In the matter between Paresh Karsandas Toprani and others ...

Plaintiffs Vs.

Jayshree Dinesh Toprani and another ...

Defendants Mr. S. T. Manek for Applicants / Defendants.

Mr. Yashpal Jain for Plaintiffs.

CORAM : R. G. KETKAR, J.

DATE :

AUGUST 23, 2017 P.C. :

Heard Mr. Manek, learned Counsel for applicants / defendants and Mr. Jain, learned Counsel for plaintiffs. 2.

This Motion is taken out under Section 24 of the Code of Civil Procedure, 1908 (for short 'C.P.C.') for transferring S.C.Suit No.6003 of 2006 (Suit No.677 of 2006 filed on the Original Side of this Court), pending before the City Civil Court to this Court and trying and disposing of the same along with the Testamentary Suit No.72 of 2008, which is between the same parties and relating to the estate left by the deceased Dinesh Toprani.

3.

Mr. Manek seeks permission to withdraw this Motion with liberty to file Miscellaneous Civil Application under Section 24 of C.P.C. for claiming reliefs in terms of prayer clause (a). Mr. Jain has no objection. 4.

In view thereof, on the oral application made by Mr. Manek, 1/2

NMT87_17.sxw Motion is allowed to be withdrawn and is disposed of as such with liberty as prayed for.

(R. G. KETKAR, J.) Minal Parab 2/2