Kishwar Adil Nensey v. Shahnoor Adil Nensey

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3214 OF 2025 IN SUIT NO. 145 OF 2024 by JYOTI PRAKASH PAWAR Date:

2026.02.11 19:27:24 +0530 JYOTI PRAKASH PAWAR Shehzad Adil Nensey ..

Applicant In the matter between Shehzad Adil Nensey ..

Plaintiff V/s.

Kishwar Adil Nensey and Ors.

..

Defendants WITH INTERIM APPLICATION NO. 7926 OF 2025 IN SUIT NO. 145 OF 2024 WITH INTERIM APPLICATION NO. 8019 OF 2025 IN SUIT NO. 145 OF 2024 ______________________________________ Mr. Mustafa Doctor, Senior Advocate a/w Mr. Rashmin Khandekar, Mr. Dhruva Gandhi, Mr. Deepak Deshmukh, Ms. Rashmi Shetty i/b Mr. Darshit Jain for Applicant/Plaintiff.

Dr. Veerendra V. Tulzapurkar, Senior Advocate a/w Ms. Shreya Jha i/b Mr. Kunal Damle for Defendant No. 1.

Mr. Nikhil Sakhardande, Senior Advocate a/w Ms. Shubhra Swami i/b Ms. Supriya Petkar for Defendant No. 2.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

10th FEBRUARY 2026 P.C.:

Interim Application No. 3214 of 2025 1.

Dr. Tulzapurkar, learned Senior Counsel who appears on behalf

of Defendant No. 1, states on instructions of his client who is present in Court that, she has no intention of dealing with or transferring 96.39% shares in Nansey Poultry Farm Pvt. Ltd., that are standing in her name in the records of Nansey Poultry Farm Pvt. Ltd.

2.

Dr. Tulzapurkar, clarifies that this statement is without prejudice to his rights and contentions that are raised in the present Suit and that the shares do not form part of the estate of the deceased and also that the Plaintiff is not entitled to any portion thereof. 3.

Both parties have advanced submissions in the matter and hearing is concluded and order is reserved.

Interim Application No. 8019 of 2025 4.

The present Interim Application seeks condonation of delay of 65 days in filing the Written Statement dated 29th November 2025 of Defendant No. 1. For the reasons set out therein, this Court is satisfied that the delay deserves to be condoned and accordingly, the following order is passed:

ORDER

(i) The delay of 65 days in filing the Written Statement on behalf of the Defendant No. 1 is hereby condoned and Defendant No. 1 is permitted to file the Written Statement.

(ii) A copy of the Written Statement shall be served on the Advocates for the Plaintiff.

(iii) The Interim Application is disposed of with no order as to costs.

Interim Application No. 7926 of 2025 5.

The present Interim Application seeks condonation of delay of 76 days in filing the Written Statement dated 11th December 2025 of Defendant No. 2. For the reasons set out therein, this Court is satisfied that the delay deserves to be condoned and accordingly, the following order is passed:

ORDER

(i) The delay of 76 days in filing the Written Statement on behalf of the Defendant No. 2 is hereby condoned and Defendant No. 2 is permitted to file the Written Statement.

(ii) A copy of the Written Statement shall be served on the Advocates for the Plaintiff.

(iii) The Interim Application is disposed of with no order as to costs.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil