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2026 DAILYLAW 16780 (BOM)

PARAS ENTERPRISES v. ASPANDAR (ASPI) JAMSHEDJI IRANI OF DAHANU INDIAN INHABITANT AND ORS.

IA/5871/2026 · 2026-10-08

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Judgment text

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903-IA-5871-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.5871 OF 2026 IN EXECUTION APPLICATION NO.477 OF 2010 Paras Enterprises ...Applicant Vs. Aspandar (Aspi) Jamshedji Irani Of Dahanu Indian Inhabitant And Ors. ...Respondents ***** Ms. Aashvi Pandya a/w. Mr. Yash Jalandaria i/b Kiran Jain & Co. for the Applicant/Original Plaintiff. ***** CORAM : S. M. MODAK, J. DATE : 8th OCTOBER 2026 P. C. :- 1. Heard learned advocate for the decree-holder. There are in all 6 Judgment-Debtors Out of them decree is only against Defendant Nos.1 to 3. They are as follows: i. Out of them Defendant No.1 has expired on 16th April 2019. Copy of the death certificate is annexed. ii. Proposed Respondent-Mr. Hanoze Aspandiar Irani vide rsk 1/3 903-IA-5871-26.doc letter dated 2 December 2024 has informed learned advocate for the decree-holder the following facts: a. Execution of Will by Defendant No.1 has been there. Defendant No.1 died on 16 April 2019 and he was survived by following legal representatives: a. Maharukh Aspandiar Irani (Wife) b. Farzana Farhad Irani (Married Daughter) c. Mehtab Yazad Alloo (Married Daughter) d. Hanoze Aspandiar Irani (Son) b. Probate is obtained and other three legal representatives have consented for the grant of probate. Those consents are annexed at page 36 onwards. 2. On the basis of this information the present Interim Application is filed for carrying out amendments as per the Schedule. Earlier Application was withdrawn on 23rd July 2026 and the present application is filed. For the above circumstances, there is delay in filing the present application. 3. In view of that the following order is passed: i. Prayer clause (a) is allowed. Delay is condoned. rsk 2/3 903-IA-5871-26.doc ii. Prayer (b) is allowed. Decree holder is permitted to amend execution application and Interim Application within a period of two weeks from today. 4. After the amendment issue notice to Defendant No1A. Reverification dispensed with. 5. Interim Application is disposed of. [S. M. MODAK, J.] rsk 3/3