Raju Bhojraj Shahani v. Vinita Shahani And 5 ORS

22-LPETN-1-23.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 1 OF 2023 IN SUIT (L) NO. 39490 OF 2022 Raju Bhojrajshahani

...Petitioner/

Plaintiff

Versus

Vinita Shahani & Ors.

...Respondents/

Defendants ---------- Ms. Geeta Sonawane a/w Austin Fernandes, Ms. Karen Kaya i/by Denzil D'

Mello for the Plaintiff.

---------- CORAM :R.I. CHAGLA J DATE :24 January 2023 ORDER :

1.

By this Leave Petition, the Petitioner/Plaintiff has sought leave to be granted under Clause XII of the Letters Patent. 2.

The Petitioner/Plaintiff in paragraph 42 of the Plaint has made necessary averments with regard to grant of leave under Clause XII of the Letters Patent which Leave Petition has been taken out in 1/2

22-LPETN-1-23.doc view of the fact that some of the properties of the father of the deceased Bhojraj Topandas Shahani are in United States of America and the Defendant Nos. 2 and 3 are residing in United States of America. The Plaintiff is residing at Banglore and Defendant Nos. 1, 4, 5 and 6 are residing in Mumbai. It is stated that most of the properties are situated in Mumbai. Substantial part of cause of action has arisen in Mumbai.

3.

I have considered the averments in paragraph 42 of the Plaint, a case has been made out for grant of leave under Clause XII of the Letters Patent. Accordingly, Interim Application is made absolute in terms of prayer clause (a).

4.

Interim Application is disposed of.

[R.I. CHAGLA J.] 2/2