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2018 Supreme(Bom) 694

S.C.DHARMADHIKARI, A.A.SAYED, K.R.SHRIRAM
Sajanbir Singh Anand – Appellant
Versus
Raminder Kaur Anand – Respondent


Advocates Appeared:
For the Appellant : Dr. Birendra Saraf a/w. Mr. Jay Sanklecha, Ms. Sanaya Dadachanji and Mr. Rohit Lalwani i/b. M/s. Manilal Kher Ambalal and Ms. Sonal a/w. Ms. Nupur Awasthi i/b. SBG and Associates
For the Respondent: Mr. Kunal Dwarkadas a/w. Mr. Rachit Thakar, Mr. Bhairavnath Jadhav and Mr. Kshitij Kadam i/b. Hemangi Modi, Mr. Biswadeep Chakarvarty i/b. Dave and Girish and Co., Ms. Dhanashree Gaikaiwari i/b. Bilawala and Co.
Mr. Cyrus Ardheshir a/w. Mr. Shlok Parekh, Mr. Nilesh Modi and Ms. Priyanka Pandya i/b. Rustomji and Ginwala for respondent no.1 (original plaintiffs) in notice of motion no.420 of 2008 in suit no.338 of 2008.

JUDGMENT :

K.R. SHRIRAM, J.

1. The two questions of law referred to us, vide order dated 27th September, 2012 by a Division Bench, are as under :

(i) Whether Article 110 of the Limitation Act,1963 has any application to a suit for administration of the estate of a deceased person?

(ii) What is the period of limitation for filing of a suit for administration and partition of the property, both movable and immovable left by deceased? and Whether there would be different periods for such a suit for immovable property and such a suit for movable property?

2. A brief factual narration of suit no.1869 of 2011 with a view to provide a context and a basis for the questions to be answered by the Full Bench, are as under :

The suit was filed for administration of the estate of one Mrs. Roop Keshavraj Sakraney (the deceased) in accordance with her Will & Testament dated 14th May 2001. The deceased was the wife of defendant no.1. Plaintiffs are beneficiaries under the said Will. Plaintiff no.1 is also an executor under the said Will. It is plaintiffs’ case that though the deceased died on 24th O





































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