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2016 Supreme(Bom) 1755

G.S.PATEL
Heena Nikhil Dharia – Appellant
Versus
Kokilaben Kirtikumar Nayak – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Sanjay Jain, Mr. Roham Cama, Ms. Trupti Shetty, Ms. Aditi, Ms. Anchal Singhania, i/b Dhruve Liladhar & Co.
For the Defendants : Mr. Rishabh Shah, i/b Tejpal & Co.

JUDGMENT :

1. This is an application for ad-interim reliefs. I have heard Mr. Sanjay Jain for the Plaintiff and Mr. Rishabh Shah for Defendants Nos. 1 to 3 at some length.

2. Mr. Shah takes a preliminary objection to the jurisdiction on the basis of limitation. I have framed this issue below. While both sides agree before me to proceed with the hearing of the preliminary issue without leading evidence, I have since found that it would neither be possible nor even appropriate to do so. The reason is because a substantially similar issue is even now pending final disposal before a Full Bench of this Court.

3. Both Mr. Jain and Mr. Shah placed before me certain authorities. I will proceed to set out their respective contentions and to trace, to the extent that I am able, the judicial history of the matter. I do so only for completeness. I have expressed no view on this.

4. In order to appreciate how the preliminary issue arises and why it is framed as it is, a few background facts are necessary. The parties are all of one family, and the dispute is about the estate of one Kiritkumar Shambhulal Nayak (“Kiritkumar”). There is a family tree annexed at Exhibit “B” to the plaint. Defendant No.














































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