SARWAN KUMAR JHABARMAL CHOUDHARY vs SACHIN SHYAMSUNDAR BEGRAJKA

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Digitally signed URMILA by URMILA PRAMOD PRAMOD INGALE Date: INGALE 2025.10.16 19:51:54 +0530 MISC. PETITION (L) NO. 6300 OF 2024 IN TESTAMENTARY PETITION NO. 109 OF 2021 Sarwan Kumar Jhabarmal Choudhary S/o Jhabarmal Chowdhary, Domicile of Ecuador, Hindu, Non Resident Indian, Divorcee, Occupation – Business ...Petitioner Versus Sachin Shyamsundar Begrajka Aged 45 years, Hindu, Indian Inhabitant of Mumbai, Occu. Service, R/at. B-301, Sierra Towers, Lokhandwala Township, Kandivali (East) Mumbai – 400 101 being the Sole Executor and Trustee named in the above mentioned Last will and Testament of the Deceased ...Respondent …. Ms. Yashvi Panchal for the petitioner. Ms. Sonal, Rohit Gupta a/w Kinnar Shah, Ms. Aditi Bhargava, Mr. Vaibhav Singh, Mr. Shikha Jain, Mr. Saurabh Jain i/b Divya Shah Associates for the respondent. …. CORAM : M. S. KARNIK & N. R. BORKAR, JJ. 1 RESERVED ON : 12th AUGUST, 2025 PRONOUNCED ON : 16th OCTOBER, 2025 UPLOADED ON : 16th OCTOBER, 2025 JUDGMENT :- (PER M. S. KARNIK, J.) 1. Learned Single Judge of this Court (Manish Pitale, J.) invoked Rule 28(C) of the Bombay High Court (Original Side) Rules, 1980, to formulate following questions for decision by a larger bench. “(I)Whether explanation (a) to (e) to Section 263 of the Indian Succession Act, 1925, are exhaustive or illustrative, in the context of “just cause” for revoking or annulling grant of Probate or Letters of Administration? (II) Whether circumstances not covered under explanations (a) to (e) to Section 263 of the Succession Act, 1925, can become the basis for “just cause” for the Court to revoke or annul grant of Probate or Letters of Administration? (III) Whether the judgments of learned Single Judges of thi