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2025 DAILYLAW 4096 (BOM)

Farzin Boman Faramarzi v. Zubin Boman Faramarzi

IA/7854/2025 · 2026-09-01

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Judgment text

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1/2 52-IA-7854-2025 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 7854 OF 2025 IN TESTAMENTARY SUIT NO. 68 OF 2020 Farzin Boman Faramarzi ...Applicant Versus Zubin Boman Faramarzi & Anr. ...Defendants _______ Mr. Erach Kotwal & Mr. Anuj Desai a/w Ms. Vijaya D. Rao & Ms. Avan Ardeshir i/b Mulla & Mulla and Craigie Blunt & Caroe for the Applicant. Mr. Gopalkrishna Nayak a/w Ms. Ritika Kudia i/b Flavia Legal for the Defendant Nos. 1 and 2. _______ CORAM : ARIF S. DOCTOR, J. DATE : 1 st SEPTEMBER, 2026 P.C. 1. After the matter was argued at some length, learned Counsel appearing on behalf of the Defendants submitted that his clients would have no objection to the Petition being converted from a Suit for Probate into a Suit for Letters of Administration with the Will annexed. Learned Counsel for the Defendants, however, submitted that all rights and contentions of the Defendants be kept open. 2. In view of the above, additional issues would have to be framed, on which evidence, if any, would have to be led. 3. Learned Counsel for the Defendants submits that the conversion of the Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.02 18:54:17 +0530 2/2 52-IA-7854-2025 (OS).DOC Petition would also be without prejudice to the pending Application, being Interim Application (L) No. 30388 of 2026. 4. Interim Application No. 7854 of 2025 is accordingly allowed and disposed of in terms of prayer clause (a). 5. Stand over to 15 th September, 2026 for framing of additional issues. [ARIF S. DOCTOR, J.] Areeb