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Bombay High CourtIA/726/2025disposed off

Shashibala Bharat Kishore Gupta v. Manoj Bharat Kishore Gupta

2025-03-11Hon'Ble Justice Shri Arif S. Doctor3 pages

1 905-IA-726-2025-(1).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 18245 OF 2024 IN TESTAMENTARY PETITION NO. 1120 OF 2024 Milan Bharat Gupta ...Applicant

Versus

Ila Bharat Gupta

...Respondent

WITH SUIT NO. 95 OF 2024 WITH INTERIM APPLICATION NO. 726 OF 2025 IN SUIT NO. 95 OF 2024 WITH INTERIM APPLICATION (L) NO. 5254 OF 2025 IN SUIT NO. 95 OF 2024 WITH INTERIM APPLICATION NO. 3678 OF 2024 IN SUIT NO. 95 OF 2024 WITH CAVEAT NO. 168 OF 2024 WITH CAVEAT (L) NO. 16131 OF 2024 IN TESTAMENTARY PETITION NO. 1120 OF 2024 ----- Adv. Poorva Garg i/b Mulla & Mulla and Craigie Blunt & Caroe for Respondent

2 905-IA-726-2025-(1).doc No. 1 in IA/3678/2024 and for Applicant in IA/726/2025. Adv. Shanay B. i/b Vivek M. Sharma for the Caveator in CTS(L)/16131/2024, for the Applicant in IA/3678/2024 & for the Plaintiff in S/95/2024. Adv. Nelly Mehta i/b NMA Legal for the Defendant No.2 in S/95/2024. Adv. M. A. Shah i/b Ms. Kavita A. Shah for Caveator in CTS/168/2024 & for Defendant No. 4 in S/95/2024.

----- CORAM :

ARIF S. DOCTOR, J.

TH MARCH, 2025 DATE :

P.C. :

1.

The matter is on board today for speaking to the minutes of the order dated 6 th March, 2025.

2.

Learned Counsel for the Defendant No.1 points out that the said order inadvertently omits to record the Applications of Defendant Nos.1 and 2 for condonation of delay in filing written statements were also allowed. Hence, paragraphs 9 and 10 of the said order be substituted with the following:- "9. Learned Counsel for Defendant Nos.1 and 2 submits that they have filed interim applications for condonation of delay in filing their respective written statements and the same shall be taken on record. To this, Learned Counsel for the Plaintiff does not have any objection. Hence, by consent, delay in filing the

3 905-IA-726-2025-(1).doc written statements of Defendant Nos.1 and 2 is condoned and the same are taken on record.

10. Interim application No.726 of 2025 and Interim application (L) No.5254 of 2025 are allowed and accordingly disposed of."

Rest of the order remains unaltered. Original order to be corrected accordingly.

(ARIF S. DOCTOR, J.)