Smt. Deulha Pradeep Das And Ors vs Mr. Sanjay Bhirendranath Ganguly
2023 Latest Caselaw 2243 Bom

                                                           11-FA-ST-19784-20-16.doc


           Shailaja
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                      FIRST APPEAL [STAMP] NO.19784 OF 2016
                                       a/w
                        CIVIL APPLICATION NO.3328 OF 2017
                                        IN
                      FIRST APPEAL [STAMP] NO.19784 OF 2016

           Deulha Pradeep Das and others            ]     Appellants
                       Vs.
           Sanjay Bhirendranath Ganguly             ]     Respondent
                                       .....
           Mr. Sanjiv A. Sawant a/w Mr. Abhishek Matkar a/w Ms. Bhakti
           Wast, for Appellants.


           Mr. Aniket Nangare i/b Nitesh Bhutekar, for Respondents.
                                          .....
                                  CORAM : PRITHVIRAJ K. CHAVAN, J.

                                    DATE      : 8 th March, 2023.
           P.C.

1. Heard leaned Counsel for the appellants for some time.

Perused the impugned judgment dated 29 th April, 2015 passed by

Joint Civil Judge Senior Division, Pune. Prima facie, it appears that

the learned Civil Judge had no territorial jurisdiction to entertain

and decide the application for granting probate of deceased

Haraprasad Ganguly since subject matter of the suit is situated at

Bandra (West), Mumbai.

2. Mr. Nangare, Advocate holding for Mr. Nitesh Bhutekar,

waives service on behalf of the respondent.

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                                                11-FA-ST-19784-20-16.doc


3.    Admit.

4. Call for Record and Proceeding.

5. Printing is dispensed with.

6. Paper book to be filed within one year, failing which, the

appeal shall stand dismissed.

7. The appellant shall furnish copy/copies of paper book to be

served upon the respondent.

8. Mr. Nangare learned Counsel for the respondent seeks time

to respond to an application seeking stay to the impugned judgment

and order passed by the Civil Judge (Senior Division), Pune.

9. Matter to come up on the board on 10th April, 2023 for

deciding Civil Application No.3328 of 2017.

[PRITHVIRAJ K. CHAVAN, J.]

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