Sudhir Javerilal Kapadia v. Chandrika Niranjan Kapadia

31. MCA 462-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 462 OF 2025 ANAND SUDHAKAR SUDAME Sudhir Javerilal Kapadia ..Applicant

Versus

Chandrika Niranjan Kapadia & ors.

..Respondents Mr. S. Shamim (Through VC) a/w. Mr. Murtuza Slatewala i/b. S. Shamim & Co., Advocates, for the Applicant Mr. Kalpesh Joshi (Through VC) a/w. Ms. Nisha Shah i/b. Kalpesh Joshi Associates, Advocates, for Respondent No. 1 by ANAND SUDHAKAR SUDAME Date: 2026.02.17 17:18:05 +0530 CORAM : RAJESH S. PATIL, J.

DATE : 11.02.2026 P. C.

1.

Heard learned Counsel for both the sides.

2.

By the present transfer Application, the Applicant is seeking transfer of Suit No. 3792 of 2024 (earlier treated as Suit No. 126 of 2021 in the Bombay High Court) from the City Civil Court, Bombay to the High Court, Bombay and to be tried and heard together with the Testamentary Suit No. 35 of 2020 pending before this Court. 3.

I have perused the documents submitted before me. In the Testamentary Suit No. 35 of 2020, the evidence has already been closed and the matter is now posted for the final hearing on 02.04.2026 before the learned Single Judge of this Court. Anand

31. MCA 462-2025.doc 4.

Insofar as the Suit which is pending before the City Civil Court, Bombay i. e. Suit No. 3792 of 2024 for administration of estate is concerned, an Interim Application filed in the said Suit for disclosure and injunction is kept for hearing which was numbered and has now adjourned to 08.04.2026.

5.

Considering that one Suit has already reached to the stage of the final arguments and in another Suit, the issues have not been framed, according to me, at this stage, the said Suit cannot be transferred and heard along with the Testamentary Suit No. 35 of 2020 which is now posted for the final hearing.

6.

In view of the same, the Miscellaneous Civil Application stands dismissed.

(RAJESH S. PATIL, J.) Anand