Mansukhlal Nandlal Seth v. Ankit Anil Agarwal

49-APP-132-2024.DOCX Chaitanya Digitally signed by CHAITANYA ASHOK JADHAV Date:

2025.06.30 17:40:10 +0530 CHAITANYA ASHOK JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 132 OF 2024 IN MISCELLANEOUS PETITION (MPT) NO. 409 OF 2023 IN TESTAMENTARY PETITION NO. 2895 OF 2019 Mansukhlal Nandlal Sheth ... Appellant

Versus

Ankit Anil Agarwal And Ors.

... Respondents ______________________________________________________ Mr R. S. Apte, Senior Advocate a/w Ms Dhanashree Bahte, for Appellant.

Ms Chhaya More h/f Mr Anil Agarwal, for Respondent No.1. Ms Sonal a/w Mr Abbas Zaidy, Mr Aditya A. Kavale, Mr Vaibhav Singh i/b Zohair & Co., for Respondent No.2. ______________________________________________________ CORAM: M.S. Sonak & Jitendra Jain, JJ.

DATED: 27 June 2025 PC:- 1.

We admit this Appeal.

2.

We think that the parties should explore the possibility of settlement, if necessary through mediation. Learned counsel for the Appellant, 1st Respondent and 2nd Respondent agree that the matter could be referred to mediation. The 3rd

49-APP-132-2024.DOCX Respondent is cousin of 1st and 2nd Respondents. Learned counsel for the parties state that in all probabilities he will also consent with the matter being referred to the mediation. 3.

Learned counsel for the parties suggest the name of Mr Sadashiv Deshmukh to mediate between the parties. Accordingly, we request Mr Sadashiv Deshmukh, an Advocate practicing in this Court, to mediate between the parties and see whether any settlement could be arrived at. 4.

We request the Mediator to conclude the mediation and file a report within three months.

5.

The parties will bear the mediation fees equally. 6.

Ms Chhaya More and Ms Sonal waive service on behalf of the 1st and 2nd Respondent.

7.

The Appellant will have to take steps to serve the 3rd Respondent and also produce on record the consent for the matter being referred to mediation. Such consent can be procured through e-mail.

8.

Liberty to parties to apply.

(Jitendra Jain, J) (M.S. Sonak, J)