Suresh Hemmady vs Dinesh Pandurang Bellare And ...
2021 Latest Caselaw 15949 Bom

           Digitally signed by
 SWAROOP   SWAROOP SHARAD
 SHARAD    PHADKE

 PHADKE
           Date: 2021.11.18
           10:12:30 +0530                                         6 CHS 1243 OF 2019.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                      CHAMBER SUMMONS NO.1243 OF 2019
                                   IN
                           APPEAL NO.416 OF 2016
                                   IN
                      TESTAMENTARY SUIT NO.16 OF 2007
                                   IN
                    TESTAMENTARY PETITION NO.475 OF 2003

Leena Prakash Bijoor                                      ...     Applicant
      and
Suresh Hemmady                                            ...     Appellant
      Versus
Dinesh Pandurang Bellare                                  ...   Respondent

Ms. Anjali Purav Yajurvedi, for Applicant/Appellant.
Mr. Prashant Chavan i/by Mr. Sameer K. Sawant, for Respondent.
                                 CORAM:   S.J. KATHAWALLA &
                                          MILIND N. JADHAV, JJ.

                                 DATE:    17th NOVEMBER, 2021

P.C.:

1. The above Appeal was filed by Shri Suresh Hemmady (Original

Petitioner) who was the executor of the Will dated 15 th April, 1988 of one Smt. Mira

Nadkarni. By the above Appeal, the Original Appellant had impugned the Judgment

dated 10th June, 2013 passed by the learned Single Judge of this Court, rejecting the

Probate Petition filed by the Original Appellant / Executor. The Original Appellant /

Executor has now passed away. The Respondent - Dinesh Pandurang Bellare

(Original Caveator) has also passed away.

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                                                                   6 CHS 1243 OF 2019.doc

2. The learned Advocate for the Respondent states that the legal heirs of

the Original Respondent - Shir Dinesh Pandurang Bellare are, Smt. Geeta Dinesh

Bellare (wife), Shri Jayant Dinesh Bellare (son), Mrs. Vidya Madhav Sathe (daughter)

and Mrs. Meenakshi Satyendra Kumble (daughter).

3. Since the Original Appellant / Executor has passed away, the flat of the

deceased at Moqul Lane Mahim is in possession of the Respondent. However, the

Applicant in the above Chamber Summons claims to have bequeathed the entire 100%

share in the flat, which we are informed is kept locked.

4. Before we pass any orders, we have asked the Advocates for the parties

to keep their respective clients present on 25th November, 2021 at 5.00 p.m. in

Chamber No. 45 to enable the Court to assist the parties in attempting at an amicable

settlement in the matter.

5. Stand over to 25th November, 2021 at 05.00 p.m. in Chamber No. 45.

( MILIND N. JADHAV, J. )                                   ( S.J.KATHAWALLA, J. )




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