Ashok Nagnath Togare And ANR. v. Chandrakant Krishanath Jevare And ORS.

1 911.6456.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6456 OF 2019 Ashok Nagnath Togare and another .....Petitioners V/s.

Chandrakant Krishanath Jevare and others .....Respondents Mr. Samir Kumbhakoni for the petitioner Mr. Mohammad S. Mulla for respondent no. 3 Mr. Vikas Kolekar for respondent no. 1 CORAM :

NITIN W. SAMBRE, J.

DATE :

OCTOBER 11, 2019.

P.C.

The order impugned dated 05/03/2019 permitting addition of non applicant no. 3 to the proceedings initiated under Section 372 of the Succession Act does not warrant any interference as respondent no. 3 has based his prayer for impleadment, on the Will dated 02/03/2018 which was produced alongwith application Exhibit 22. As such, petition is dismissed with liberty to the petitioner to contest the said Will which opportunity of course the learned Civil Judge shall offer before deciding proceedings under challenge. [NITIN W. SAMBRE, J.]