ASHOK GUPTA vs ROHINI

Judgment text excerpt

ial11484-25.doc Digitally signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TRUSHA TUSHAR TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION MOHITE Date: 2026.01.28 14:51:57 +0530 INTERIM APPLICATION (L) NO.11484 OF 2025 IN SUIT NO.2332 OF 1985 Ashok Gupta .. Applicant Versus Rohini Gupta D/o.Sita Devi & Anr. .. Respondents Mr.Karan Bhosale i/b M/s.NDB Law, Advocate for the Applicant Mr.K.G.Munshi, Senior Advocate, Advocate for the Respondent / Original Defendant Nos.2 and 3 CORAM: FIRDOSH P. POONIWALLA, J. RESERVED ON: OCTOBER 8, 2025 PRONOUNCED ON: JANUARY 28, 2026 JUDGEMENT:- 1. This Interim Application has been filed by the Applicant / Plaintiff seeking amendments to the Plaint. 2. The case of the Applicant in the Interim Application is as under: Mohite 1/39 ial11484-25.doc a. The present Suit was originally instituted by one Shri Om Prakash Gupta and Smt. Savitri Devi, as Plaintiff Nos.1 and 2 ("Original Plaintiffs"), praying inter alia for passing of decree of declaration, rendition of accounts, partition and injunction besides making a prayer for appropriate directions to the Defendants regarding details of assets left behind by deceased Shri Kundanlal Gupta. b. The Original Plaintiffs in the Suit passed away leaving behind their respective Wills duly executed by them during their lifetime, making a bequest of all their rights and claims of inheritance in respect of their share in the leftover Estate of late Shri Kundanlal Gupta to Shri Ashok Gupta (Applicant), who was substituted as a sole legatee / legal representative of the Original Plaintiffs in the Suit. As such, the present suit is now being prosecuted by the Applicant as the sole Plaintiff. c. In addition to the Estate, which is the subject matter of the present Suit, the deceased Kundanlal Gupta