Bombay High Court
Bro.Philip Pinto & Ors vs Nilkanth Shrikhande & Ors on 30 August, 2018
Author: G.S. Patel
Bench: G.S. Patel
915-S1865-80.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1865 OF 1980
Bro Philip Pinto & Ors ...Plaintiffs
Versus
Nilkanth Shrikhande & Ors ...Defendants
WITH
NOTICE OF MOTION NO. 931 OF 2014
IN
SUIT NO. 1865 OF 1980
WITH
NOTICE OF MOTION NO. 134 OF 2017
IN
SUIT NO. 1865 OF 1980
WITH
NOTICE OF MOTION NO. 931 OF 2014
IN
SUIT NO. 1865 OF 1980
WITH
CHAMBER SUMMONS NO. 86 OF 2016
IN
TESTAMENTARY SUIT NO. 5 OF 2004
WITH
CHAMBER SUMMONS NO. 6 OF 2017
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30th August 2018
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915-S1865-80.DOC
IN
TESTAMENTARY SUIT NO. 5 OF 2004
WITH
NOTICE OF MOTION NO. 134 OF 2017
IN
SUIT NO. 1865 OF 1980
Mr Karl Tamboly, with Mrs Nandini Joshi, i/b Harish Joshi &
Company, for the Plaintiff in Testamentary Suit No. 5 of 2004
and Defendants Nos. 1A & 2 in Suit No. 1865 of 1980.
Mr Kunal Dwarkadas, with Vidya Chaudhari, i/b Chambers of Javed
Gaya, for the Plaintiffs in Suit No. 1865 of 1980 and for the
Defendants in Testamentary Suit No. 5 of 2004.
Mr Sanjay Bhatia, for the Applicant in Chamber Summons No. 86 of
2016.
Mr Nimay Dave, with Ms Dipti Das & Mr Anagh Pradhan, i/b Divya
Shah Associates, for Defendants Nos. 5a to 5c & 6, in Suit No.
1865 of 1980.
CORAM: G.S. PATEL, J
DATED: 30th August 2018
PC:-
1.Mr Dave states, on the basis of telephonic instructions previously received, that every member of the branch of Marie Correa, a daughter of the deceased Cosmos Damain T Pinto, waives personal service of the citations. Marie Correa died in 2013. Her husband too has passed on. They are survived by their four children, two daughters and two sons, in order: Romar Correa, Nicolette D'Souza, Johann Correa and Mariette Correa. Mr Dave has further Page 2 of 3 30th August 2018 ::: Uploaded on - 31/08/2018 ::: Downloaded on - 01/09/2018 02:22:44 ::: 915-S1865-80.DOC instructions to state that Romar has a Power of Attorney from his siblings and that the Correa children proposed to enter a Caveat and contest the application for Letters of Administration with some sort of alleged testamentary writing annexed. (I may be forgiven for using this somewhat unusual terminology but that is precisely the controversy in the present case.) Service of citations on Romar, Nicolette, Johann and Mariette is dispensed with. They are permitted to file their caveats and Affidavits in Support. The Caveat(s) from the four Correas with accompanying Affidavit/s in Support is/are to be filed and served on or before 25th September 2018.
2. Having regard to the past history of the matter and the fact that at some point, evidence was previously taken, I believe a number of additional directions will now be required.
3. List the matter on 4th October 2018 for directions.
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