Rekha Sharma And 2 Others v. Vinod Kumar Sharma And Usha Sharma W/O V K Sharma

902 lp296-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.296 OF 2017 IN SUIT (L) NO.443 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Raghu Tandon, Ms.Sneha Prabhu i/b Mr.Som Sinha and Associates for the Petitioner CORAM : K. K. TATED, J.

DATE : NOVEMBER 3, 2017 P.C.:

1.

Heard the learned counsel for the petitioner plaintiff.

2.

By this Leave petition under Clause XII of the Letters Patent, petitioner is seeking liberty to file Suit in this Hon'ble Court. He submits that by this Leave Petition, petitioner is seeking declaration that Family Deed Settlement dated 2.10.2017 is binding on both the parties. He submits that some of the properties are situated beyond the jurisdiction of this court. Hence, he preferred the present Leave Petition.

3.

Considering the submissions made by the learned counsel for the petitioner and the averments made in the Leave Petition, I am Mohite 1/2

902 lp296-17 satisfied that the petitioner has made out a case for allowing the present petition. Considering these facts following order is passed:

A) Leave Petition is allowed in terms of prayer clause which reads thus:

"That leave under Clause XII of the Letters Patent be granted to the Plaintiff to enable it to file the above Suit against the Defendant in this Hon'ble Court."

B) Petition stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2