DILEEP BALKRISHNA NEVATIA vs SHISHIR BALKRISHNA NEVATIA

Judgment text excerpt

ial32712-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TUSHAR ORDINARY ORIGINAL CIVIL JURISDICTION MOHITE Digitally signed by TRUSHA TUSHAR MOHITE Date: 2026.04.08 INTERIM APPLICATION (L) NO.32712 OF 2023 15:47:44 +0530 IN SUIT NO.630 OF 2015 Dileep Balkrishna Nevatia .. Applicant In the matter between Shishir Balkrishna Nevatia .. Plaintiff v/s Dileep Balkrishna Nevatia and Ors. .. Defendants Mr.Rohan Sawant with Mr.Gourav Shetye i/b M/s.Bali Associates, Advocates for the Plaintiffs Mr.Dileep Nevatia, Defendant Nos.1 and 4 – party-in-person Mr.Ranjan Solanki a/w Mr.Santosh Jadhav i/b Ms.Preeti Shah, Advocates for the Defendant No.5 Ms.Neeta Jain a/w Mr.Avinash Joshi, Advocate for the Defendant Nos.8 and 9 Mr.Swayam S. Chopda, OSD, Court Receiver present CORAM: FIRDOSH P. POONIWALLA, J. RESERVED ON: NOVEMBER 25, 2025 PRONOUNCED ON: 8th APRIL 2026 Page 1 of 32 April 1, 2026 Mohite ial32712-23.doc JUDGEMENT :- 1. The present Suit is filed seeking the following final reliefs: “(a) That it be declared that the estate of the Late Mother is liable to administered and distributed by the Defendant nos. 8 and 9 on obtaining the probate of her last Will and Testament dated 17th June 2009 in accordance with the terms thereof. (b) In the alternative to prayer (a) above and only if the aforesaid will of the late Mother is not proved or probated then a fit and appropriate person be appointed as administrator of the estate of the Late mother with all powers to gather/ recover the properties forming part of the estate and to partition / sell the same and thereafter distribute the same in equal shares amongst Plaintiff and Defendant Nos. 1, 5 to 7 on the basis of intestacy. (c) a fit and appropriate person be appointed as administrator of the estate of the Late Father with all