Naval Meherjibhai Anklesaria v. Jehangir Darabsha Cooper

904-IA-3248-2023 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3248 OF 2023 IN APPEAL NO. 10 OF 2016 IN NOTICE OF MOTION (L) NO. 108 OF 2013 IN SUIT NO. 22 OF 2012 IN TESTAMENTARY PETITION NO. 1156 OF 2011 Naval Meherjibhai Anklesaria & Burjor Hormusji Antia .. Applicants In the matter between:

Jehangir Darabsha Cooper & Ors.

.. Appellants

Versus

Firoze Sorabji Bharucha .. Respondent And Porushesp Hosabd Debara & Anr.

.. Proposed Respondents Ms. Pallavi Bali a/w Ms. Meghna Vijan i/by Bali Associates for applicants/appellants.

Mr. Neville D. Deboo i/by Wadia Ghandy & Co. for respondents.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

27th SEPTEMBER, 2023 P.C.:

1.

Heard the learned counsel for the applicants and the respondents.

904-IA-3248-2023 2.

This Interim Application has been moved with the following prayers:

(a) Delay of 248 days in taking out the present Application be condoned;

(b) This Hon'ble Court be pleased to set aside abatement of the above Appeal;

(c) The Applicant be permitted to amend the above Appeal and proceedings as per Schedule annexed hereto as Exhibit "D";

3.

By consent, the Interim Application is allowed and the prayers, as quoted above, are granted. Let the necessary amendments be incorporated forthwith.

4.

Interim Application stands disposed of accordingly. 5.

List the Appeal on Tuesday, 3rd October, 2023. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.09.27 14:34:41 +0530 PRAVIN DASHARATH PANDIT