Bhagvati Premji Gada And ORS. v. Manilal Popatlal Gala And ANR

P4.IA.1587.2024+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1587 OF 2024 IN CAVEAT (L) NO.16450 OF 2024 IN TESTAMENTARY PETITION NO.3804 OF 2023 Malashi Waghji Dagha alias Malshi Waghji Daga alias Malshi Vaghaji Dagha alias Malshi Vaghaji Dagha .. Deceased Bhagvati Premji Gada and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Manilal Popatlal Gala and Anr.

.. Petitioners

Versus

Bhagvati Premji Gada and Ors.

.. Caveators ....................

 Ms. Vanshika Mahajan a/w. Ms. Preeti Gada, Advocates i/by Preeti Gada & Associates for Applicants / Caveators.  Mr. Shubham Mishra, Advocate i/by Mr. Pranesh Gada for Petitioners.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2026 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 07.01.2026. Perused the praecipe.

2.

Heard Ms. Mahajan, learned Advocate for Applicants / Caveators and Mr. Mishra, learned Advocate for Petitioners. 3.

Petitioners' support the Caveators' Application for condoning the delay of 68 days in view of the fact that parties have reconciled their disputes and are intending to file their Consent Terms.

P4.IA.1587.2024+.doc 4.

In that view of the matter, there can be no impediment in allowing the present Interim Application. The Interim Application stands allowed in terms of prayer clause (a) which reads thus:- "a) That the delay of 68 days in filing the above Caveat be condone and the Caveat alongwith affidavit in support be taken on record be taken on record;".

5.

Department shall convert the present Testamentary Petition into Testamentary Suit by accepting the Caveat and affidavit-insupport forthwith. 6.

With the above directions, Interim Application is allowed and disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2026.01.07 17:55:40 +0530 HARSHADA HANUMANT SAWANT