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Bombay High CourtIA/3811/2025disposed off

Swati Rajnikant Doshi v. Usha Kiran Makasare

2026-02-04Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

P2 NOB. TS/37/1987 Swati vs. Usha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2026.02.05 10:52:41 +0530 TESTAMENTARY AND INTESTATE JURISDICTION JYOTI PRAKASH PAWAR TESTAMENTARY SUIT NO. 37 OF 1987 WITH INTERIM APPLICATION NO. 381 OF 2020 IN TESTAMENTARY SUIT NO. 37 OF 1987 WITH IN PERSON APPLICATION NO. 5 OF 2020 IN TESTAMENTARY SUIT NO. 37 OF 1987 Rajanikant C. Doshi & Ors.

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Plaintiffs Vs.

Usha Kiran Makasare & Ors.

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Defendants WITH INTERIM APPLICATION NO. 3811 OF 2025 IN TESTAMENTARY SUIT NO. 37 OF 1987 Swati Rajanikant Doshi & Ors.

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Applicants Vs.

Usha Kiran Makasare & Ors.

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Respondents ______________________________________ Mr. Mehul A Shah for Applicants/Plaintiffs.

Adv. Nishant K. Makasare, legal heir of Defendant No. 1. _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

4th FEBRUARY 2026 P.C.:

1.

Mentioned. Not on board. Taken on board.

2.

Plaintiffs have filed this praecipe seeking an order for ------------------------------------- Order dated 4th February 2026

P2 NOB. TS/37/1987 Swati vs. Usha modifying/speaking to the minutes of the order dated 21st January 2026. 3.

Mr. Nishant K. Makasare, legal heir of Respondent No. 1 is also present in person in Court today and consents to the modification sought in the praecipe. Accordingly, by consent of both parties, the order dated 21st January 2026 and paragraph 5(iii) shall stand modified as under: "The Prothonotary and Senior Master shall appoint N Shaamrao Nanabhai Gopinath Chhapniwala having his office at 1, Vithalwadi, Shop No. 4K, Champa Galli Corner, Zaveri Bazar, Mumbai - 400 002 who shall accompany the officer to the Respondent No. 4 - Bank and who shall forthwith value the articles that were lying in the said Locker No. 144 and prepare his report in that regard. All costs and charges of this Valuer shall also be borne by the Applicants in the first instance. The Valuer shall also prepare and submit his report to the Prothonotary and Senior Master of this Court, on or before 18th February 2026 which in turn shall be filed by the Prothonotary and Senior Master together with his report, on or before 23rd February 2026."

4.

List the present Interim Application for compliance on 26th February 2026 and the order dated 21st January 2026 shall be modified to the above extent.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil ------------------------------------- Order dated 4th February 2026