Sudhir Vinayak Sanghvi v. Kishore Gopaldas Sanghvi

sr.29-ia-6919-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO. 6919 OF 2025 TRUSHA TUSHAR MOHITE Date: 2025.12.17 14:11:09 +0530 IN TESTAMENTARY SUIT NO. 7 OF 2005 Sudhir Vinayak Sanghvi .. Applicant In the matter between Kishore Gopaldas Sanghvi .. Plaintiff

Versus

Vinayak Gopaldas Sanghvi ..Defendant/Caveator Adv. Jesal Shah i/b Daru Shah & Co., for the Applicant. Adv. Sumit Kothari, for Plaintiff.

CORAM: FIRDOSH P. POONIWALLA, J.

DATE: DECEMBER 16, 2025 P. C.

1.

This Interim Application has been filed to direct the Plaintiff to bring the Applicant on record in the present Suit as the Caveator/Defendant in place and stead of the deceased Caveator/Defendant Vinayak Sanghavi who passed away on 15th October, 2024.

2.

The Applicant, is one of the heirs of Vinayak Sanghavi and in fact has been issued a Probate of the last Will and Testament of Vinayak Sanghavi on 19th July, 2025. The Applicant is also one of the grandsons of the deceased, Mansi Shelke

sr.29-ia-6919-2025.doc namely Gopaldas Bhagwandas Sanghvi, whose estate is the subject matter of the present Suit.

3.

In these circumstances, the right of the deceased Defendant /Caveator, namely Vinayak Sanghavi, to defend the present Suit survives in the Applicant.

4.

For these reasons, the Interim Application is allowed in terms of prayer 8(i).

5.

There will be no order as to costs.

6.

Amendment to be carried out within a period of two weeks from today.

7.

Stand over to 13th January, 2026 'for directions'. [FIRDOSH P. POONIWALLA, J.] Mansi Shelke