NANDKUMAR NARSINGRAO PUPALA vs PRATAPSINGRAO PUPALA

Judgment text excerpt

app138-24.doc Digitally signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TRUSHA TUSHAR TUSHAR MOHITE TESTAMENTARY AND INTESTATE JURISDICTION MOHITE Date: 2026.03.06 15:26:50 +0530 APPEAL NO.138 OF 2024 IN MISCELLANEOUS PETITION NO.18 OF 2018 IN PETITION NO.445 OF 2008 Nandkumar Narsingrao Pupala since deceased through legal heirs Shakuntala Nandkumar Pupala and Ors. .. Appellants Versus Dr.Pratapsingrao Pupala .. Respondent Mr.Zubin Behramkamdin, Senior Advocate, Mr.Shubham Jadhav, Ms.Sakshi Kashyap, Ms.Meiron Damania i/b M/s.Divekar & Co., Advocate for the Appellants Mr.Fredun Devitre, Senior Advocate a/w Ms.Alpana Ghone, Mr.Paresh Shah, Ms.Meghna Mehta i/b M/s.Shah & Sanghavi, Advocates for the Respondent CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. RESERVED ON: FEBRUARY 5, 2026 PRONOUNCED ON: MARCH 6, 2026 JUDGEMENT (Per FIRDOSH P. POONIWALLA,J.):- Page 1 of 30 MARCH 6, 2026 Mohite app138-24.doc 1. The present Appeal challenges the Order dated 19 th August, 2019, passed by a Learned Single Judge of this Court dismissing Miscellaneous Petition No.18 of 2018 of the Appellants, as corrected by the Order dated 5th September, 2019, and also the Order dated 21 st August, 2009, dispensing with service of citation of Testamentary Petition No. 445 of 2008. 2. Miscellaneous Petition No.18 of 2018 was filed seeking the following final reliefs: “(a) that this Hon'ble Court be pleased to revoke and set aside and annul the Letters of Administration De-Bonis granted to the Respondent dated 17.09.2009 in Testamentary Petition No. 445 of 2008 and the Probate granted on 27th September, 1984 in Testamentary Petition 11 of 1976.” 3. It is important to note that, although Order dated 21 st August 2009, dispensing with service of citation in Testamentary Petition No. 44