Shireen Dinshaw Mistry v. Bilkish Yunus Namakwala

36 ia 2057 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2057 OF 2024 IN MISC. PETITION (L) NO.18620 OF 2024 IN TESTAMENTARY PETITION NO.639 OF 2022 Shireen Dinshaw Mistry and Ors.

...

Applicants/Petitioners versus Bilkish Yunus Namakwala ...

Respondent Lady Jena Jamshedji Duggan alias Jina Jamshedji Dagan ...

Deceased Mr. Apoorv Karekar with Ms. Soniya Putta, Ms. Souparnika S. i/by Solomon and Co., for Petitioners.

Mr. Abdul Basit Kudalkar with Ms. Laveena Tejwani i/by NDB Law for Respondent.

CORAM: N.J.JAMADAR, J.

DATE :

25 SEPTEMBER 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

Learned Counsel for the Respondent seeks further time to file an affidavit in reply. It is submitted that the affidavit in reply is ready. However, on account of medical emergency, the Respondent is not in a position to affirm and file reply.

3.

By way of indulgence, one week time is granted to file affidavit in reply and serve its copy on the Petitioners.

4.

In the event the affidavit in reply is not filed within a period of one week, SSP 1/2

36 ia 2057 of 2024.doc the Court would be constrained to proceed with the Application on the premise that the averments in the applicant remained uncontroverted. In the event, the affidavit in reply is filed within the said period, the Petitioners are at liberty to file affidavit in rejoinder within two weeks thereafter. 5.

Stand over to 23 October 2024.

6.

Interim protection granted earlier shall continue to operate till the next date.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 26/09/2024 10:35:06