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DATED : 20TH DECEMBER, 2019.

P.C. :

1. By this motion, the applicants seek to intervene in the present suit and all other proceedings by being impleaded as party defendants. The applicants are the Executors of the last Will and testament dated 17 th June, 2009 and Trustees of the estate of late Smt. Snehalata Nevatia nms-1445-19.odt who is said to be the owner of the suit premises viz. East & West Wing i.e. the entire third floor of Udyog Bhavan, 250-D, situate at Worli, Mumbai.
3. Mr. Joshi also made reference to the fact that the younger son of the deceased testatrix, one Shishir Nevatia has filed a suit for administration of the estate of late Smt. Snehalata Nevatia in this Court and that suit is pending. The plaintiff has not made any enquiries nor conducted any due diligence before claiming under the license nms-1445-19.odt agreement or before entering into the license agreement. Basic enquiries would have revealed that the premises were owned by the deceased testatrix and part of her estate.

11. In view of the aforesaid position in law, I am of the view that the applicants as executors of the Will of the late Smt. Snehalata Nevatia are not entitled to be impleaded in the present suit. The pendency of other proceedings in relation to the estate of the deceased such as the suit for administration of the estate of Smt. Snehalata filed by other son of the deceased is not relevant for the purposes of considering the present application. Suffice it to say that in the facts and circumstances, the applicants are neither the necessary nor proper parties and for that reason this application cannot succeed.