Hanishi Ali Nee Thanawalla v. Rutang Kirit Thanawalla

sr.905-ia-2285-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.11.26 18:16:36 +0530 INTERIM APPLICATION NO. 2285 OF 2025 IN SUIT NO. 175 OF 2023 Hanishi Ali Nee Thanawalla .. Applicant In the matter between :

Rutang Kirit Thanawalla .. Plaintiff

Versus

Hanishi Ali Nee Thanawalla .. Defendant WITH INTERIM APPLICATION NO. 1224 OF 2023 WITH TESTAMENTARY SUIT NO. 132 OF 2024 IN TESTAMENTARY PETITION NO. 1438 OF 2022 WITH SUIT NO. 175 OF 2023 WITH TESTAMENTARY PETITION (L) NO. 23008 OF 2021 Adv. Aaditya Mapara i/b Dhruve Liladhar & Co., for the Applicant/Plaintiff.

Adv. Tushar Kakalia, Bhakti Popat, for Applicant/ Org. Defendant. CORAM: FIRDOSH P. POONIWALLA, J.

DATE: NOVEMBER 26, 2025 P. C.

1.

This Application has been filed for condonation of delay of 90 days in filing the Written Statement.

Mansi Shelke

sr.905-ia-2285-2025.doc 2.

The Application has been opposed by the learned counsel appearing on behalf of Plaintiff on the ground that the delay is not of 90 days but of 495 days. This is, of course, denied by the Defendant. The controversy about the period of delay arises on account of the fact, as to whether the Writ of Summons was served on the proper address of the Defendant. 3.

Be that as it may, for the reasons stated in Interim Application, I am inclined to condone the delay subject to the payment of costs. 4.

Accordingly, the Application is allowed in terms of prayer (a) thereof, subject to the Defendant paying to the Plaintiff costs of Rs. 10,000/-. [FIRDOSH P. POONIWALLA, J.] Mansi Shelke