1 cra 139-21 J.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO. 139 OF 2021

1. M/s.Mutha Industries, A Partnership

Firm.

2. Mr.Sanjay Kachardas Mutha

3. Siddharth Sanjay Mutha

.. Applicants

Versus

1. Mrs.Meena Milind Bhansali

2. Late Laxmibai Piraji Dangmali

thru LR.

3. Mr.Pramod Nivrutti Dangmali

4. Mrs.Sunita Surendra Dangmali

5. Smt.Subhadrabai Baban Satav

6. Mr.Ramesh Baban Satav

7. Mrs.Shaila Arun Bhumkar

8. Smt.Rajkumari Kailas Satav

9. Mr.Atish Kailas Satav

10. Mr.Akash Kailas Satav

11. Smt.Anjana Baban Satav

12. Mr.Chandrakant Baban Satav

13. Mr.Tukaram Laxman Satav

14. Sanjay Kachardas Mutha

15. Rajiv Kachardas Mutha

16. Smt.Kalpana Kachardas Mutha

.. Respondents

…

Mr. Siresh Sharma with Vijay Upadhyay and Asha Kanzariya for

the applicants.

Mr. Uday Warunjikar with Vaishnavi Gujarathi i/b Sumit S. Kate

for respondent no.1.

Tilak

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CORAM: BHARATI DANGRE, J.

DATED : 13^th OCTOBER, 2021

ORAL JUDGMENT:-

1

The applicant no.1 is a partnership firm which was

originally formed by Partnership Deed dated 27^th March 1986

with four partners i.e. (1) Late Kachardas Nensukh Mutha (2)

Sanjay Kachardas Mutha, (3) Rajeev Kachardas Mutha and (4)

Late Laxmibai Piraji Dangmali, who retired as a partner w.e.f. 30^th

March 1987. Further, the third partner Rajeev Mutha also retired

as a partner w.e.f 31^st March 2020. With effect from 15^th

September 2017, Siddharth Sanjay Mutha joined as a partner by a

Partnership-cum-admission deed dated 13^th September 2017.

After demise of late Kachardas Nensukh Mutha on 13^th August

2018, a Partnership-cum-Death deed was executed on 25^th

November 2018 and the partnership was again re-constituted into

a ‘Reconstituted firm’, and the shares of the existing partners were

re-determined by the said deed executed on 20^th November 2018.

One of the partner of the reconstituted deed, being Siddharth

Kachardas Mutha applied for probate of the registered Will dated

20^th May 2015 executed by Late Kachardas Nensukh Mutha by

filing Miscellaneous Application No.1078 of 2019 and it has been

challenged by Mrs.Meena Milind Bhansali @ Ms.Bhagyashree

Kachardas Mutha, the daughter of Late Kachardas.

Tilak

3 cra 139-21 J.doc

2

Mrs.Meena Milind Bhansali to whom a reference is

made in the earlier paragraph filed a Regular Civil Suit No.11 of

2020 against M/s.Mutha Industries, the Registered Partnership

Firm and impleaded partners of the said partnership firm

Mr.Sanjay Mutha and Siddharth Sanjay Mutha as defendant nos.2

and 3. Late Laxmibai Dangmali is impleaded as defendant no.4.

Apart from this, the defendant nos.6 to 18, members of Satav

family and Mutha family are impleaded as defendants. In the said

Suit, the following reliefs are sought.

(a)

Suit of the Plaintiff may kindly be decreed with cost;

(b)

It be declared that the Partnership Cum Death Deed

dated 25/11/2018 executed by Defendant Nos.2 and

13 is illegal, null and void and not binding on the

Plaintiff;

(c)

The Defendant Nos.2 and 3 be directed to add the

Plaintiff and the Defendant Nos.16 to 18 as partners

in the Defendant No.1 firm in place of Late

Kachardas Nensukh Mutha;

(d)

The Compromise Decree dated 18/03/2019 passed

in SCS No. 4508/2012 may kindly be set aside and

SCS No. 4508/2012 may kindly be restored;

(e)

Any other just and equitable order may kindly be

passed in favour of the Plaintiff as the Hon’ble Court

may deem fit and proper in the interest of justice;

Tilak

4 cra 139-21 J.doc

3

In paragraph no.1 of the said Suit, the plaintif