BHUPENDRA DAMJIBHAI TANK vs RENU BALWANT MARU

Judgment text excerpt

sr.1-ia(l)-937-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TUSHAR ORDINARY ORIGINAL CIVIL JURISDICTION MOHITE Digitally signed by TRUSHA TUSHAR MOHITE Date: 2026.02.23 14:52:56 +0530 INTERIM APPLICATION (L) NO. 26145 OF 2025 IN SUIT NO. 422 OF 2012 Bupendra Damjibhai Tank & Ors. .. Applicants IN THE MATTER BETWEEN: Renu Balwant Maru w/o Shri. Balwant Maru .. Plaintiff Versus Bupendra Damjibhai Tank & Ors. .. Defendants Adv. Rohan Cama a/w Adv. Rupesh R. Lanjekar for Plaintiff and Defendant No.1 in IA(L)/937/2025. Mr. Anil V. Anturkar, Senior Advocate a/w Adv. Joel J. Carlos, Adv. Manish Pradeep Gitay i/b Adv. Joel J. Carlos for Defendant Nos. 1,3 and 4. Adv. Manish Pradeep Gitay for Defendant Nos. 2(a) to 2(d). Adv. Anish Karande a/w Adv. Gobinda C. Mohanty i/b M/s. Mohanty & Associates for Defendant Nos. 5 and 6. Mr. Vishwajit P. Sawant, Senior Advocate a/w Adv. Raju Yamgar & Adv. Yunus Vakharia i/b Adv. Raju Yamgar for Defendant No.7. CORAM: FIRDOSH P. POONIWALLA, J. RESERVED ON : OCTOBER 08, 2025 PRONOUNCED ON: FEBRUARY 23, 2026 JUDGEMENT:- 1. This Interim Application has been filed by original Defendant Nos. 1, 3 and 4 seeking rejection of the Plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 (the ‘CPC’) on the ground that it is barred by Mansi Shelke 1 sr.1-ia(l)-937-2025.doc law as no leave under Clause XII of the Letters Patent of this Court has been obtained by the Plaintiff. 2. The present Suit has been filed seeking the following final reliefs : “(a) that this Hon'ble Court be pleased to declare that the property described in Exhibit "C" are properties left behind by the deceased father and the Plaintiff has 1/7th share in the same. (b) that this Hon'ble Court be please to declare that the Plaintiff is entitled to 1/7th share in