2026:BHC-OS:1406-DB APP-82-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 82 OF 2024 IN NOTICE OF MOTION NO. 56 OF 2019 Digitally IN signed by VINA VINA ARVIND A K R H V A I D N P D E K D 20 H a 2 t A e 6 D : .0 P 1 E .19 TESTAMENTARY PETITION NO. 2278 OF 2018

16:24:45 +0530 Mr. Narendra Singh Chawara, S/o Ram Singh Chawara, Aged 83 years, Residing at S-29, Hanuman Nagar, Khatipura, Sirsi Road, Vaishali Nagra, Jaipur,Rajasthan. …APPELLANT ~ VERSUS ~

Mrs. Hemangini Kumari Prithvi Raj Singh Chawara, Aged 47 years, Occupation – Service, Hindu, Residing at S-10, Hanuman Nagar, Khatipura, Sirsi Road, Vaishali Nagra, Jaipur, Rajasthan …RESPONDENT APPEARANCES for the Appellant Mr. Kevic Setalvad a/w Mr. Abhishek Sawant, Mr. Ameya Kulkarni, Mr. Amit Pradhan & Ms.

Ujwala Deshmukh i/b. Pradhan and Rao.

for the Respondent Mr. Sunip Sen a/w Mr. Udaybhanu Singh i/b.

Zain A. K. Najam – Es – Sani.

CORAM : B. P. COLABAWALLA &

AMIT S. JAMSANDEKAR, JJ.

APP-82-2024 RESERVED ON : 28^th November 2025.

PRONOUNCED ON : 12^th January 2026.

JUDGMENT ( Per Amit Satyavan Jamsandekar J.) :-

1. By the present Appeal, the Appellant has challenged the Order dated 29^th February 2024, passed by the Learned Single Judge in Notice of Motion No. 56 of 2019 (the Impugned Order). By the Impugned Order, the Learned Single Judge has dismissed the Notice of Motion filed by the Appellant and held that the Appellant has no caveatable interest and directed the Testamentary Department to proceed with the Testamentary Petition in accordance with the law. The decision of the Learned Single Judge is, inter alia, based on the fact that the Appellant filed the Notice of Motion despite the fact that his father was alive and his father was one of the attesting witnesses to the Will. Further, his father had filed a consent affidavit in the Testamentary proceedings and waived the service of caveat. By a separate affidavit, the Appellant’s father also relinquished his rights in the deceased’s estate. Therefore, the Learned Single Judge held that there is no question of the Appellant claiming the status of legal heir of the deceased during the lifetime of his father or thereafter. By following the decisions of the Hon’ble Supreme Court in B. L. Sreedhar v. K. M. Munireddy (dead) & ors, (2003) 2 SCC 355 & Elumalai alias Venkatesan & Ars. v. M. Kamala & ors., 2023 SCC OnLine SC 84, the Learned Single Judge employed the principles of estoppel, which, according to the Learned Single Judge, would have applied against the father APP-82-2024 of the Appellant and hence would apply against the Appellant as well. In the facts of the present case, the Learned Single Judge has distinguished the decision of this Court in Dhirendra alias Bitu Thakkar v. Mahendra Thakkar, 2014 (3) Mh. L. J. 9, (Dhirendra) and a decision of the Division Bench dated 12^th November 2013 in an appeal from Dhirendra, being Appeal (L) No. 386 of

2013.

2. Before we proceed with the rival submissions made on behalf of the Appellant and the Respondent, a few relevant facts, which are on record and explained to us during the hearing by the Learned Senior Counsels, Mr.

Setalvad & Mr. Sen, are summarised herein below:

i. Dr. Govind Singh Chawara (Govind Singh) and Ram Singh Chawara (Ram Singh) were real brothers. Ram Singh has two sons, Narendra Singh Chawara (Narendra Singh), (the Appellant in the present Appeal) and Birendra Singh Chawara (Birendra Singh). Birendra Singh has one son, Prithwiraj Singh, who is married to Mrs. Hemangini Kumari, (the Original Petitioner and the Respondent in the present Appeal). Mr. Prithwiraj Singh and Mrs. Hemangini Kumari have a son, Lakshavardhan Singh. Thus, Mrs. Hemangini Kumari is the grand-daughter-in-law of Ram Singh. The family tree on record, and not in dispute, is depicted herein below:

APP-82-2024

ii. On 13th April 2017, Govind Singh executed his Will and bequeathed his estate in favour of the Respondent and her son Lakshavardhan Singh. Govind Singh die