Dr Suresh Shankarlal Joshi v. Jagdish Shankarlal Joshi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE TESTAMENTARY AND INTESTATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.12.18 17:23:22 +0530 INTERIM APPLICATION NO.3588 OF 2025 IN MISC. PETITION NO.369 OF 2025 WITH MISC. PETITION NO.369 OF 2025 Dr.Suresh Shankarlal Joshi .. Applicant

Versus

Jagdish Shankarlal Joshi .. Respondent Mr.Bharat H. Mehta, Advocate for the Petitioner Mr.Gopal Parab, Advocate for the Respondent No.1. Mr. Devang Pawar, Advocate for the Respondent No.2.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

DECEMBER 18, 2025 P. C.

1.

In this Interim Application, an Order dated 18th November 2025 was passed granting ad-interim relief in terms of prayer (c) of the Interim Application. Thereafter, by an Order dated 2nd December 2025, time was given to the learned Advocate appearing on behalf of Respondent No.1 to file 1/3

a Reply to the Interim Application and ad-interim relief was granted in terms of prayer (a).

2.

Prayer (a) requires Respondent No.1 to deposit Letters of Administration dated 5th February 2005 issued to Respondent No.1 in the Court within a period of one week from today. 3.

Today, when the matter is called out, the learned Advocate appearing on behalf of Respondent No.1 tenders the original Letters of Administration dated 5th February 2024, as directed by the Order dated 2nd December 2025. The original Letters of Administration tendered by Respondent No.1 are taken on record.

4.

Further, the learned Advocate appearing on behalf of Respondent No.1 states that he has no instructions from his clients to file a Reply to the Interim Application.

5.

In these circumstances, the following order is passed: A) The Interim Application is made absolute in terms of prayer (c) of the Interim Application, which reads as under: 2/3

"(c) That pending the hearing and final disposal of this Petition, the Respondent No. 1 his servants, agents and representatives may be restrained by an order and injunction of this Hon'ble Court from in any manner dealing with, disposing off or creating any third-party rights in the properties which are granted under the Grant of Letters of Administration dated 05th February, 2004."

B) It is directed that the original Letters of Administration be kept in the custody of the Prothonotary and Senior Master of this Court.

C) There will be no order as to costs.

D) Place the Misc. Petition on 24th December 2025, High on Board.

[FIRDOSH P. POONIWALLA, J.] 3/3