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Bombay High Court
Hasina Abdul Aziz Makani vs Ankit Mukesh Doshi on 16 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P1.MPTL.12925.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION (L) NO.12925 OF 2026
IN
TESTAMENTARY PETITION NO.3756 OF 2025
Hasina Abdul Aziz Makani .. Petitioner
Versus
Ankit Mukesh Doshi .. Respondent
....................
Mr. Anil Sakhare, Senior Advocate a/w. Mr. Omkar Kulbarni, Ms.
Chinmaya Acharya, Mr. Kevin Pereria and Ms. Shrushti Relekar,
Advocates i/by Parth P. Shah for Petitioner.
Mr. Swapnil Narkar, Advocate for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 16, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
16.04.2026. Perused the praecipe.
2. Heard Mr. Sakhare, learned Senior Advocate for Petitioner
and Mr. Narkar, learned Advocate for Respondent.
3. This is a Miscellaneous Petition filed seeking revocation of
Grant. Grant is Probate issued in favour of the Respondent who is the
original Petitioner. His name is Ankit Mukesh Doshi. Deceased is a
Sunni Muslim who expired on 26.10.2022. The said original Petitioner
applied to the Court seeking issuance of Probate on the basis of Will
executed by deceased in January - 2022 bequeathing his properties i.e.
movables and immovable to the Petitioner under the said Will. The
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most intriguing rather consciously shocking fact is the assertion is
made by original Petitioner that the parents and wife of the deceased
had predeceased him. The said assertion and statement on behalf of
the original Petitioner is recorded in the order dated 25.11.2025
passed by Department based upon which this Court issued Grant on
08.01.2026.
4. Immediate intervention and indulgence of the Court is
sought by Mr. Sakhare because original Petitioner who is Respondent
herein - Mr. Ankit Doshi has now applied to the Cooperative Housing
Society on the basis of the Probate issued by Court for transfer of
immovable property in his name which is a residential flat situated at
Peddar Road wherein the present Petitioner before me (wife of
deceased) is residing. All this is to the exclusion of the Petitioner
before me.
5. That apart, there is another dimension to which Mr. Sakhare
has drawn my attention to. He would submit that there is a Civil Suit
proceeding pending between nephew of deceased and the present
Petitioner (wife) in which certain statements have been made and
orders have been passed which are prima facie germane and relevant
to the present case.
6. Mr. Sakhare would submit that one out of the two nephews
have given his consent to Mr. Ankit Doshi for the purpose of issuance
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of the Grant. Mr. Sakhare would draw my attention to the fact that
deceased has several immovable properties in Mumbai and outside
Mumbai in Lonavala and Bhavnagar. He would submit that on the
basis of the Grant which has been applied for and got issued
surreptitiously in the aforesaid facts, this Court should pass
appropriate injunctive orders in this case.
7. He would submit that every attempt was made to serve copy
of today's mentioning on original Petitioner who is Respondent but
nobody was found in the building and phone call made on mobile
phone was not responded to. Appropriate Affidavit-of-service of the
attempt made and Whatsapp messages given on the mobile phone of
the Respondent shall be filed by Petitioner.
8. At this stage there is a dramatic entry of the Advocate for
Respondent who is the original Petitioner. I have told him not to
interrupt the Court because dictation of order is in progress and the
Court will hear him also.
9. Considering the aforesaid serious facts there shall be
embargo and injunction on the original Petitioner from acting upon the
Grant issued by this Court on 08.01.2026 in regard to the property and
credits of deceased under the Grant.
10. Mr. Narkar is the name of the Advocate who has entered
appearance on behalf of Respondent. He has heard the Court dictating
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the later part of the order.
11. Hence, issue notice to Respondent. He waives service on
behalf of Respondent.
12. Humdast permitted. In addition to Court's notice, Petitioner
is directed to serve the Respondent a copy of this order and copy of
Petition and inform about the next date of hearing by any permissible
mode of service and file appropriate affidavit of service with tangible
proof thereof.
13. Affidavit-in-Reply is directed to be filed by Respondent
within a period of three weeks from today. Affidavit-in-Rejoinder, if
any, is permitted to be filed within a period of three weeks thereafter.
Copies be served on other side. Pleadings are directed to be completed
without recourse to Court.
14. In the meanwhile, the Society in which the subject
residential flat is situated at Peddar Road wherein Mr. Sakhare's client
(wife of deceased) is residing is directed to not act on any Application
made by the original Petitioner for transfer and not to disturb
possession of the wife.
15. Needless to state that said embargo shall apply to all
properties belonging to the deceased under the Grant.
16. The aforesaid order shall suffice.
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17. Stand over to 12th June 2026.
18. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.04.16
16:09:17 +0530
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