Mr.Prakash D. Navghare And Anr vs Mrs. Sadhana D. Chachad
2021 Latest Caselaw 4208 Bom

                                                                                   15-TS-45-2005.DOC




                              Ashwini



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   TESTAMENTARY AND INTESTATE JURISDICTION
                                            TESTAMENTARY SUIT NO. 45 OF 2005


                              Mr Prakash D Navghare & Anr                                ...Plaintifs
                                   Versus
                              Mrs Sadhana D Chachad                                    ...Defendant


                              Mr Mohammed Naved I Mulla, with Ms Rashmi Salian, i/b LR &
                                   Associates, for the Plaintiff
                              Mr Cyrus Ardeshir, with Ziyad Madon, Z Jariwala & Shabbir
                                   Jariwala, i/b Dua Associates, for Defendants Nosf 1 to 3 & 5f


                                                      CORAM:        G.S. PATEL, J
                                                      DATED:        8th March 2021
                              PC:-


                              1.        The Suit was decreed on 12th October 2010 and Probate was
                              issued. The Defendants went in appeal. It seems the Appeal was
                              fully argued but then on 15th February 2021 the successful Plaintif
                              (the Respondent in the Appeal) agreed to a remand of the matter.

Atul G.

Digitally signed by Atul G.

Kulkarni

2. The Appeal Court order requests that I hear the matter and Kulkarni Date:

pronounce judgment within four weeks. I am prepared to proceed at 2021.03.09 11:00:03 +0530

once, though my current work assignment ill afords me the time this will undoubtedly take. When I asked the Plaintif to begin, counsel for the Plaintif immediately sought an adjournment saying that some counsel is briefed in the matter. In fact, I am told that the

8th March 2021 15-TS-45-2005.DOC

Plaintifss record and compilation is not ready and some documents are yet to be compiled.

3. If this is the way the Plaintif and his Advocates choose to conduct themselves, both here and before the Appeal Court, then there is not much that can be done. The current work assignment of multiple case types, all of which require attention do not allow me to indulge parties in this fashion, or to set my docket according to the calendar convenience of this or that counsel.

4. The matter will be listed for fnal hearing on the next available convenient date, 9th June 2021.

5. The stay granted by the Appeal Court will continue.

6. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J)

8th March 2021