Heena Nainesh Shah v. Premila Pravin Shah

20_TS_133_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 133 OF 2024 IN TESTAMENTARY PETITION NO. 1352 OF 2019 Heena Nainesh Shah ...

Plaintiff vs.

Premila Pravin Shah ...

Defendant/Caveatrix Ms. Abha Singh, i/b. Aditya Pratap for plaintiff. Mr. Manjusha K. for defendant/caveatrix.

CORAM : MANISH PITALE, J.

DATE :

02nd MAY, 2024 P.C. :

.

On 12.04.2024, this Court directed that issues could be framed in the present proceedings and for that purpose, the proceedings were kept today. 2.

The learned counsel appearing for the plaintiff submits that after the last date of hearing, the caveatrix/defendant reached out for exploring the possibility of settlement and that both parties have engaged in the said process. It is submitted that this Court may consider framing of issues, but if the disputes between the parties are amicably settled, framing of issues would not be necessary.

3.

At the same time, the learned counsel for the plaintiff submits that there is urgency in the matter, as the daughter of the deceased testator is undertaking education at United Kingdom and fees of her college education is to be paid urgently. In that light, it is submitted that the defendant may respond to the proposal forwarded on behalf of the plaintiff. Digitally signed by PRIYA KAMBLI Date:

2024.05.03 10:24:41 +0530 PRIYA KAMBLI 1/2

20_TS_133_24.doc 4.

The learned counsel for the defendant submits that since the proposal was received recently i.e. on 25.04.2024, a short adjournment may be granted. It was assured that all sincere efforts are being made to amicably settle the disputes.

5.

In view of the above, list the suit for framing of issues on 10.06.2024. In the interregnum, if the parties are able to execute the consent terms, the same shall be placed before the Court on the next date of listing. (MANISH PITALE, J.) Priya Kambli 2/2