BHARAT KANTIALAL DALAL vs SURENDRA KANTILAL DALAL AND 32 ORS.

Judgment text excerpt

nms-954-2019.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.954 OF 2019 Digitally IN signed by JITENDRA JITENDRA SHANKAR SUIT NO.807 OF 2018 SHANKAR NIJASURE NIJASURE Date: 2026.01.08 18:34:28 +0530 Chetan Dalal … Applicant / Ori. Defendant No.5. In the matter between Bharat Kantilal Dalal …Plaintiff Versus Surendra Kantilal Dalal and 32 Ors. …Defendants ---------- Mr. Haresh Jagtiani, Senior Counsel with Mr. Yashpal Jain, Jahnavi Vora, Pranay Kamdar for the Applicant in NMS No.954 of 2019 – Defendant No.5. Mr. Karl Tamboly, Mr. Malcolm Siganporia, Ms. Monisha Mane Bhangale, Mr Ashutosh Agarwal and Ms. Bijal Vora i/b. Parinam Law Associates for the Plaintiff. Mr. Vaidehi Bhatt i/b. Mehta and Padamsey for Defendant Nos.2 to 4. ---------- CORAM : R.I. CHAGLA J. Reserved on : 25TH AUGUST, 2025. Pronounced on : 08TH JANUARY, 2026. O R D E R :- 1. By this Notice of Motion the Applicant / Original Defendant No. 5 has sought for rejection of the Plaint under Order 1/43 nms-954-2019.doc VII Rule 11 read with Section 151 of the Code of Civil Procedure (CPC), 1908. The Applicant has also sought an alternate prayer viz. that till the final disposal of the proceedings for probate of the Will dated 21st May, 2012 read with Codicil dated 11th September, 2015 and 8th December, 2016 being Testamentary Petition No. 812 of 2017 pending before the Testamentary / Probate Court, this Court stay the above Suit and proceedings arising thereunder including the present Notice of Motion Lodging No. 2606 of 2017. 2. The Applicant has stated that the Plaintiff has filed the Captioned Suit inter-alia seeking administration of the Estate of the deceased in terms of the Will dated 24th September, 1994 (“Will of 1994”) which he claims to be t