Haamidali Roshanali Nasser v. Gulam Mohammed R Lakhani

apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3815 OF 2025 IN TESTAMENTARY PETITION NO.437 OF 2024 Haamidali Roshanali Nasser ...Intervenor/Applicant Vs.

Gulam Mohammed R Lakhani ... Respondent ______________________ Adv. Sukruta Chimalker for the Applicant.

Adv. Alizain Patel, i/by Patel Associates for the Petitioner. Adv. Yatin R. Shah for the Defendant.

________________________ Digitally signed by ASHWINI H GAJAKOSH Date:

2025.08.06 11:13:56 +0530

CORAM

: Kamal Khata, J.

DATED : 4th August 2025.

ASHWINI GAJAKOSH P.C.:- 1.

Upon hearing the Advocates and having due deliberations in Court, the following arrangement is arrived at:

2.

LEAVE AND LICENSE AGREEMENT (a) The Applicant-Intervenor, as well as son of the deceased, namely Mohammedali Mohibali Nasser, shall execute the Leave and License Agreement in respect of Flat No.1.

(b) This execution will be without prejudice to the rights of the Defendants/Caveators, who own 50% of the share in the said flat.

(c) The Applicant-Intervenor shall be entitled to receive 50% license fee upon execution of this Leave and License Agreement.

(d) However, as a pro tem arrangement, the parties agree that the entire license fee amount shall be accepted by the Applicant from the Licensee.

3.

Blocked Accounts:

(a) Learned Advocate for the Applicant-Intervenor seeks permission to withdraw the Applicant's share from the following blocked accounts:

Amount Bank Name and Branch Bank A/c. No.

Rs.8,56,848.82 Bank of India, Kalbadevi 00241011001313 Rs.64,470 Bank of India, Kalbadevi 00241011001312 Rs.3,60,485 DCB Bank, Crawford market 01912500013156 Rs.85,960 (Share of Raihana Fidahusein) Bank of India 002410110001312 (b) The Petitioner and the Defendant agree to furnish a No Objection Letter to the Applicant for

withdrawal of his share from the blocked accounts.

4.

Learned Advocate for the Defendant is permitted to amend the Petition in terms of the draft schedule for amendment within a period of one week from the date of uploading of the present order on the website of Bombay High Court.

5.

List the matter on 13th August, 2025.

(Kamal Khata, J.)