Narendra Sudhakar Musale (Since ... vs Nalini Vasant Upasani on 16 November, 2021

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Bombay High Court

Narendra Sudhakar Musale (Since ... vs Nalini Vasant Upasani on 16 November, 2021

Bench: R.I. Chagla

                                                                    3.TS.43.09.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            TESTAMENTARY AND INTESTATE JURISDICTION

                  TESTAMENTARY SUIT NO. 43 OF 2009

Namita Narendra Musale &Anr.         ...      Plaintiffs
      Versus
Nalini Vasant Upasani                ...    Defendant/Caveator

                             WITH
              ORDINARY ORIGINAL CIVIL JURISDICTION

                         SUIT NO. 233 OF 2016
                                WITH
                  NOTICE OF MOTION NO. 2030 OF 2016
                                WITH
                  NOTICE OF MOTION NO. 1574 OF 2017
                                  IN
                        SUIT NO. 233 OF 2016

Mr. Nirman Sharma a/w Priyank Kulkarni, Paras Oza i/b Deepesh Yadav
for Defendant Nos.1A and 1B in S/233/2016 and for the Petitioner in TS/
43/2009.
Mr. Rohan Surve for Defendant Nos.2 to 15 in S/233/2016.
Mr. Shriram Kulkarni a/w Sachin Charan for the Plaintiffs in S/233/2016
and for the Defendant in TS/43/2009.

                               CORAM :      R.I. CHAGLA, J.

                               DATED :      16th NOVEMBER, 2021.
P.C. :

1           The learned Counsel appearing for the Plaintiffs has tendered

additional affidavit of documents of Plaintiff No.1 dated 15.11.2021 which contains five documents which are as under :

"1. Original Form of Transfer No.1672 dated 24.12.1973.

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3.TS.43.09.doc

2. Certified true copy of the Joint / Associate Membership Application, issued by The Tardeo Court C.H.S. Ltd.

3. Certified true copy of the Letter dated 19.08.1974 by Tardeo Court Co-op. Hsg. Soc. Ltd. Addressed to Mr. M.J. Kapadia, regarding segregation of flat no.81 into 81A and 81B, issued by The Tardeo Court C.H.S. Ltd.

4. Certified true copy of the Consent terms dated 28.02.1974 filed before the Divisional Joint registrar Co- op. Societies, Mumbai in Revision Application No.64 of 1973, issued by The Tardeo Court C.H.S. Ltd.

5. Certified true copy of the Order passed by the Divisional Joint Registrar on 26.03.1974 allowing the Revision Application in terms of consent terms, issued by The Tardeo Court C.H.S. Ltd."

2 The additional affidavit of documents of Plaintiff No.1 was filed pursuant to the liberty granted by this Court vide order dated 25.10.2021 to produce these documents pursuant to the application made by Plaintiff No.1 to the Tardeo C.H.S. Ltd. for obtaining further documents. The additional affidavit of documents of Plaintiff No.1 dated 15.11.2021 is taken on record.

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3.TS.43.09.doc 3 The marking of the documents will be on the next date after the Defendant has an opportunity of inspecting these documents, some of which are part of the Court record and those which are not part of the Court record, inspection will be provided by the Plaintiffs within a period of two weeks from today.

4 The draft issues which have been prepared require further consideration by the parties based on the additional documents now produced by way of additional affidavit of documents of Plaintiff No.1. Framing of the draft issues shall be taken up on the next date. 5 The Plaintiffs are at liberty to file affidavit of documents of PW-1 proving the additional documents. The Defendant shall file statement of admission and denial of the further documents on or before the next date.

6 PW-1 - Namita Narendra Musale shall remain present in Court on the next date. PW-2 - Manish Narendra Desai shall also remain present in Court on the next date.

7 Testamentary Suit No.43 of 2009 is adjourned to 08.12.2021. Digitally signed WAISHALI by WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) SUSHIL Date:

WAGHMARE 2021.11.16 22:25:11 +0530 Waghmare 3/3

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