Final Order 1

Order Details: Other
Pdf Text: 1 MA57.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Misc. Application No.57 of 2019
In
S.C. Suit No.9788 of 1987
(High Court Suit No.669 of 1987)
Shakuntaladevi Gopal Saraf ..Since deceased
Jugal Shrigopal Saraf ..Applicant/plaintiff
V/s.
Arun Kumar Hiralal Kejriwal ..Since deceased
Mrs.Uma Arun Kejriwal & Ors. ..Respondents/Defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 12th July,2019
(C.R.No.19)
Advocate Mr.Farhan Dubasi a/w. Advocate Ms.Dipika Panchmatia i/b.
Vigia Juris for applicant/plaintiff.
Advocate Ms.Lobo i/b. Khaitan & Co. for defendant nos.1a to 1d.
Order below Exh.1:
Read application. Heard learned counsel for both the sides.
Perused the judgment passed in S.C. Suit No.9788/87 (High Court Suit
no.669/87) by my learned Predecessor on 25th July,2017.
2 It appears that the suit was decreed by my learned
Predecessor. However, my learned Predecessor passed original judgment
and decree with a direction that the same would be effective only on the
plaintiff obtaining and producing Probate of the Will of the original
plaintiff.
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2 MA57.19
3 Now, it appears that the plaintiff has obtained the Probate of
the Will in question inasmuch as the Hon'ble High Court was pleased to
allow the Testamentary Petition no.1820/16 and granted Probate of the
Will to the plaintiff on 15th December,2018. The original Probate is filed
on record which is carefully perused by me. Since in compliance with the
order of my learned Predecessor the plaintiff has obtained the Probate of
the Will, the judgment and decree passed on 25th July,2017 in S.C. Suit
No.9788/87 will have to be given effect thereto.
4 In view of above, I pass the following order:
O R D E R
Misc.Application No.57/19 is allowed.
Judgment and decree dated 25th July,2017 passed in S.C. Suit
No.9788/87 (High Court Suit No.669/87) is hereby made effective in the
light of Probate dated 15th December,2018 granted by Hon'ble High Court
in Testamentary Petition No.1820/16.
12/07/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 12/07/2019
Transcribed on : 12/07/2019
Signed by HHJ on : 12/07/2019
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3 MA57.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 12/07/2019 (4.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 12th July,2019
Order signed by P.O. on 12th July,2019
Order uploaded on 12th July,2019
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