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2010 Supreme(Bom) 682

ANOOP V.MOHTA
Chaudhary Abdul Majid Shahadat – Appellant
Versus
Shenaz Abdulla Shahadat – Respondent


Advocates Appeared:
Ms. MANJIRI SHAH with Mr. Z.A. JARIWALA and Ms. P.MHATRE i/by M/s. Thakore Jariwala & Associates, for Plaintiff Nos.1 and 2.
Mr. HOLAMBE along with Mr. G. P. KHAN, for Defendant Nos.1(a) and 1(b).
Mr. G. G. KETKAR, 1st Assistant to the Court Receiver, present.
Mr. VIRAG TULZAPURKAR, Sr. Counsel with Ms. JASMIN SHETH with SWAPNIL KHATRI i/by M/s. Wadia Ghandy & Co., for Defendant No.6.
Ms. PUNITA SONI i/by M/s. Bilawala & Co., for Defendant Nos.7, 11 to 14, 16, 17, 27, 28 and 31.
Mr. JAYESH BHATT, for Defendant No.15.
Mr. K. K. SHROFF along with Ms. SNEHALI KARKERA i/by M/s. Dhruva & Co., for Defendant No.8.
Mr. V. Y. SANGLIKAR, for Defendant No.236 and Flat Purchasers of Flat Nos.G-42, 44, 11, 21 & 23.
Mr. NAINESH AMIN, for Defendant Nos.25 and 26.
Mr. M. V. HAKROGI, for Defendant Nos. 11 and 13.
Ms. DEEPA KAMATH, for the Flat Purchaser, 235.

JUDGMENT :-

As the basic facts, parties and properties are common, interlinked and interconnected and therefore, for proper understanding of the matter, for clarity and to avoid repetition; the submissions and the arguments are made only in these two Motions and the Court Receiver's Report, and therefore, this common order, though heard separately one after other. The facts of both suits are also dealt with separately.

2. (As Per Suit No.1961 of 2003) The Plaintiff is one of the daughters of Chaudhary Shaukat Hasmullah ("Shaukat") who died intestate on 5th March, 1995 leaving behind 11 heirs. Defendant Nos.1 to 3 are the sons, Defendant No.4 is widow and Defendant N os.5 to 10 are 6 daughters.

3. The basic prayers in the suit, as well as, in the notice of motion are for administration of the estate of her father Shaukat and for setting aside (a) relinquishment deed dated 1st July, 1995, signed/executed by the Plaintiff for release of her share; (b) consent terms dated 15th April, 1998; (c) development agreement dated 22nd January, 2002 in favour of Defendant No.32; (d) power of Attorney dated 26th March, 1998 in favour of Defendant No.1. The Plaintiff along with other heirs of Shauka






































































































































































































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