Bombay High Court
Mah.Dinshaw Irani And Anr vs Firat Aspandir Irani And Ors on 25 January, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:3943
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5627 OF 1995
1. Mrs. Moti Dinshaw Irani ]
2. Mr. Jehangir Dinshaw Irani ] .. Petitioners
Versus
1. Mr. Phiroze Aspandiar Irani ]
Since Deceased - through LRs. ]
1[a]. Ketty Firoze Irani ]
1[b]. Raiyomand Firoze Irani ]
1[c]. Sanober Firoze Irani ]
1[d]. Mehrooz Firoze Irani ]
2. Mr. Vinayak Shankarrao Pingle ] .. Deleted
3. Mr. Vilas Shankarrao Pingle ] .. Deleted
4. Smt. Subhadrabai T. Bhujbal ] .. Deleted
5. Smt. Sushilabai S. Dhadge ] .. Deleted
6. Mrs. Suman Vishwanath Girme ] .. Deleted
7. Mrs. Asha Prabhakar Dalvi ] .. Deleted
8. Mr. Kisan @ Krishnarao Rambhau Pingle ] .. Deleted
9. Mr. Mehmood M.H. Moledina ]
10. Mrs. Shirin Ismail Umar ]
Since Deceased - through LRs. ]
10[a]. Riyaz Ismail Omer ]
10[b]. Zia Ismail Omer ]
11. Mrs. Hamida S. Omar ]
Since Deceased - through LRs. ]
11[a]. Zafar Sattar Omer ]
11[b]. Zahid Sattar Omer ]
11[c]. Lubna M. Azad ]
1/3
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12. Mr. Dara K. Irani ]
Since Deceased - through LRs. ]
12[A]. Pesi Ardeshir Chindhy ]
12[B]. Marzban Fardoon Irani ] .. Respondents
Mr. A.V. Anturkar, Sr. Advocate, with Mr. Tanaji Mhatugade, i/by
Mr. Sugandh B. Deshmukh, for the Petitioners.
Mr. Prashant Naik, with Mr. A.R. Patil, i/by Mr. Sandeep Waghmare, for
Respondent No.1[c].
CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ
The date on which arguments were heard : 05TH JANUARY, 2024.
The date on which Judgment is pronounced : 25TH JANUARY, 2024.
JUDGMENT :
[ Per A.S. Chandurkar, J. ]
1. In Special Civil Suit No.268 of 1978, an application below Exhibit-
169 came to be moved by one Dara K. Irani, praying therein that he be
joined as plaintiff no.3 in the said suit being an Executor of the Will dated
23rd March 1991, that had been executed by plaintiff no.2 during his
lifetime. The Trial Court by its order dated 7 th October 1995 allowed the
said application and directed the plaintiffs to amend the plaint
accordingly. This order passed below Exhibit-169 is the subject matter of
challenge in the present Writ Petition. On 15 th December 1995, the learned
Single Judge directed that this writ petition be tagged with First Appeal
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No.92 of 1996. Accordingly, the writ petition has been heard along with
the first appeal.
2. SCS No.268/1978 came to be decided on 18 th/20th December 1995
and an appeal under Section 96 of the Code of Civil Procedure, 1908
being Civil Appeal No.1022 of 2000 is pending before the District Court.
The order passed below Exhibit-169 has also been objected to by raising a
ground in that regard in the said appeal. Hence, for the reasons that have
been indicated for not entertaining Writ Petition No.5621 of 1995, we are
not inclined to entertain this writ petition that raises a challenge to the
order passed below Exhibit-169. Suffice it to observe that the challenge to
the correctness of the order passed below Exhibit-169 can also be raised
before the District Court in Civil Appeal No.1022 of 2000. Hence, by
keeping all the points raised in this writ petition open and with a liberty to
the petitioners to raise a challenge to the order passed below Exhibit-169
in Civil Appeal No.1022 of 2000, this writ petition is disposed of. Rule is
accordingly discharged in aforesaid terms, leaving the parties to bear their
own costs.
[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]
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