Lalit Timothy D'Souza vs Lawra D'Souza

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 1003

N. J. JAMADAR
Lalit Timothy D'Souza – Appellant
Versus
Lawra D'Souza – Respondent

Advocate Appeared:
For the Parties:Shanay Shah, Rahul Jain, Khushboo Rupani, Akriti Shinha i/by HSA Advocates, Karl Tamboly, Hrushi Narvekar, Atir Patel and Viloma Shah i/by AVP Partners

JUDGMENT :

N.J. Jamadar, J.

1. Heard the learned Counsel for the parties.

2. This is an application for appointment of an Administrator pendente lite under Section 247 of the Indian Succession Act, 1925 (the Succession Act) for the estate described in the Schedule-I appended to the Testamentary Petition, except for the properties listed at serial Nos. 1 and 9. The principal prayer is to an appoint the Court Receiver, High Court Bombay as the Administrator pendente lite. In the alternative, the applicant has prayed that she be appointed as an Administrator.

3. Shorn of unnecessary details, the background facts can be stated as under:

(b) According to the Applicant, the deceased died intestate, on 7th April 2003. The plaintiff took complete and exclusive control of the estate of the deceased. As disputes arose amongst the plaintiff and defendants, Lorna D'souza, the Defendant No. 2, instituted Suit No. 2889 of 2003 for the administration of the estate of the deceased.