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2023 Supreme(SC) 1242

HRISHIKESH ROY, PANKAJ MITHAL
Shakti Yezdani – Appellant
Versus
Jayanand Jayant Salgaonkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Abhimanyu Bhandari, Adv. Ms. Rooh-e-hina Dua, AOR Mr. Arav Pandit, Adv. Mr. Harshit Khanduja, Adv. Ms. Dhanakshi Gandhi, Adv. Mr. Sahib Kochhar, Adv. Mr. Randeep Sachdeva, Adv. Ms. Shreya Arora, Adv.
For the Respondent(s): Mr. Rohit Anil Rathi, AOR Mr. Aniruddha Joshi, Adv. Mr. Rajeev Maheshwaranand Roy, AOR Mr. P. Srinivasan, Adv.

JUDGMENT :

HRISHIKESH ROY, J.

1. Heard Mr. Abhimanyu Bhandari, learned counsel appearing for the appellants. Also heard Mr. Rohit Anil Rathi, learned counsel representing respondent no. 1. Mr. Aniruddha A. Joshi, learned counsel appears for respondent nos. 4, 6, 7 and 8.

2. The appellants and respondent nos. 1 to 9 are the legal heirs and representatives of an individual-Jayant Shivram Salgaonkar. The family patriarch executed a will on 27.06.2011 making provisions for the devolution of his estates upon the successors. Apart from the properties mentioned in the will, the testator had certain fixed deposits (FDs) for the sum of Rs. 4,14,73,994/- in respect of which the respondent nos. 2, 4 and appellant no. 2 were made nominees. Additionally, there were certain mutual fund investments (MFs) of the amount of Rs. 3,79,03,207/- in respect of which appellants and Jay Ganesh Nyas Trust (respondent no. 9) were made nominees. The testator Jayant Shivram Salgaonkar passed away on 20.08.2013.

3. On 29.04.2014, the respondent no. 1 filed Suit No. 503/2014 with the prayer for declaration inter

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