Ratna G Balani And 2 Ors vs Bhagwan Bhuromal Balani
2022 Latest Caselaw 8788 Bom

                                                          14-IA-1898-2022-IN-APP-89-2022.DOC




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                INTERIM APPLICATION NO. 1898 OF 2022
                                                     IN
                                          APPEAL NO. 89 OF 2022
                                                     IN
                                  TESTAMENTARY SUIT NO. 24 OF 1989
                                                     IN
                               TESTAMENTARY PETITION NO. 348 OF 1988


                   Ratna G Balani & Ors                                       ...Applicants
                         In the matter between
                   Ratna G Balani & Ors                                      ...Appellants
                         Versus
SHEPHALI
SANJAY             Bhagwan Bhuromal Balani                                  ...Respondent
MORMARE

Digitally signed
by SHEPHALI
SANJAY
MORMARE
Date: 2022.09.06
10:36:51 +0530     Mr Rohan Savant, with Prachi Raval & Ahetesham Thakur, i/b
                        ALMT Legal, for the Applicants/Appellants.


                                           CORAM      G.S. Patel &
                                                      Gauri Godse, JJ.

                                           DATED:     5th September 2022
                   PC:-

1. The Appeal is against a final order and judgment dated 23rd/24th January 2020 in Testamentary Suit arising from a contesting Testamentary Petition for Letters of Administration with

5th September 2022 14-IA-1898-2022-IN-APP-89-2022.DOC

Will annexed. By the impugned order, the learned Single Judge (AK Menon J) granted the relief sought. The Defendants are in Appeal.

2. There was a delay in filing the Appeal. This has been separately condoned. The present Interim Application seeks a stay. The Appeal itself is pending admission.

3. The Respondents (original Plaintiffs) were present at the time of the delay condonation IA. They are not present today. They have been given notice, but not specifically of today's listing.

4. Mr Savant states that a fresh notice will be given to the Respondents that the matter will be listed on Monday, 12th September 2022.

5. In the meantime, and until 13th September 2022,we direct the Registry not to issue the grant.

6. List the matter on 12th September 2022.

(Gauri Godse, J)                                         (G. S. Patel, J)





                            5th September 2022