Interim Order 1

Order Details: Other
Pdf Text: Suit No.444/19 Exh.7
Date : 20.12.2024
IN THE CITY CIVIL COURT AT GR. BOMBAY
SUIT NO.444 OF 2019
1. Perin Boman Irani ….. Plaintiff
V/s
1. Rustom Khodadad Yazdegardi,
2. Zarin Dinshaw Mashregi,
3. Farokh Khodadad Yezdagardi, (Deleted)
4. Sohrab Khodadad Yezdegardi,
5. Parvin Adhavirat Irani ….. Defendants
CORAM :- HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM. (C. R. NO.19).
DATE :- 20/12/2024.
ISSUES
1. Whether plaintiff proves that properties described in Para 2 of the
plaint were the properties of Late. Behruz Irani ?
2. Whether plaintiff proves that plaintiff has 1/6th share in the said
properties ?
3. Whether plaintiff proves that defendants had misappropriated the
assets and estate of Late. Behruz Irani ?
4. Whether the plaintiff proves that defendant No.2 and his family
members have unlawfully trespassed into the said suit flat described in
paragraphs 2 (i) of the plaint ?
5. Whether defendant No. 1, 2 and 5 proves that the Flat No. 29,
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Suit No.444/19 Exh.7
A/3 Khan Block, 1st Floor, New Khareghat Colony, Hughes Road,
Mumbai – 400 007, has been succeeded by them ?
6. Whether defendant No. 1, 2 and 5 proves that Late. Behruz Irani
gave up all right, title and interest in the property at Lonavla in favour
of defendant No.1 ?
7. Whether defendant No.1 paid a sum of Rs.7,365/- to the
Tehsildar for arrears of land revenue and Rs. 3,40,922/- to the society
for arrears of society charges and Rs.44,288/- towards medical expenses
of Late. Behruz Irani and Rs.15,045/- to the Parsi Panchayat and
Rs.9,925/- for funeral expenses ?
8. Whether defendant proves that Late. Behruz Irani was in good
health generally till his death ?
9. Whether plaintiff is entitle for 1/6th share for the entire
property ?
10. What order ?
Sd/-
Date : 20/12/2024 (A. Subramaniam)
Principal Judge,
Gr. Mumbai
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