Pallavi Abhijit Pandit And ANR v. Anant Nathuram Patil (Deceased)

1 44-MPT 639-24-modified.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.639 OF 2024 Anant Nathuram Patil ... Deceased Pallavi Abhijit Pandit & Anr.

... Petitioners ----- Ms. Seema Hunnurkar i/by Seema Hunnurkar & Associates for the Petitioners. Mr. Yashodeep Deshmukh (through VC) a/w Bhagyashree Dhamapurkar Kirwe for the Objector.

----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.02.25 10:19:59 +0530 MUGDHA MANOJ PARANJAPE CORAM :

ARIF S. DOCTOR, J.

DATE :

04TH FEBRUARY 2025 P.C. :

1.

Today, Mr. Deshmukh, Learned Counsel appearing on behalf of the Objector submits that the present Miscellaneous Petition should be dismissed since the Petitioners have willfully and deliberately shown that Rahul Anant Patil (son of the deceased) is residing at Flat No.904, Imperia Homes, Shivaji Nagar Road, Next to Sona Hospital, Vakola Mumbai - 400055, whereas the said address is that of the objector, viz., Rohit Patil. Learned Counsel submits that the real reason why the present Miscellaneous Petition has been filed because the flat in which the deceased was residing is likely to undergo for redevelopment and therefore for the Petitioners to make a claim in respect of the transit rent and other benefits that would normally approved in law to the This order is corrected as per order dated 21/02/2025. Mugdha

2 44-MPT 639-24-modified.doc Objector, since it is the Objector who is in use, occupation and possession of the said flat. Mr. Deshmukh however submits that the matter be stood over and his client is willing to go for mediation to resolve the disputes and differences. There is no opposition to this by Learned Counsel for the Petitioners. 2.

Hence, this Court appoints Mr. Kaustubh Thipsay, Advocate to act as a Mediator in the disputes and differences between the parties. The details are as follows:- Mr. Kaustubh Thipsay Mobile No.9920379164 E-mail ID - kaustubhthipsay@gmail.com Address - 14, 15 & 16, Gundecha Chambers, Ash Lane, Nagindas Master Road, Fort, Mumbai 400 023.

3.

On a copy of this order being uploaded, both the Counsel shall jointly approach learned Mediator Mr. Kaustubh Thipsay and fix a schedule for mediation and supply him with all necessary documents that are required. The costs, charges and expenses of the learned Mediator including the mediation fees shall be shared in equal proportion by all the parties namely 1/3rd each. 4.

Stand over to 4 th March 2025.

(ARIF S. DOCTOR, J.) This order is corrected as per order dated 21/02/2025. Mugdha