13 wp 7985 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7985 OF 2026 Aashish Kumar Fatendra Nath Mishra and Anr. ... Petitioners versus Anjana Prabhakar Singh and Ors. … Respondents WITH WRIT PETITION NO.7986 OF 2026 Aashish Kumar Fatendra Nath Mishra and Anr. ... Petitioners versus Anjana Prabhakar Singh and Ors. … Respondents Mr. Yahya Ghoghari with Ms. Urusah M.I. i/by Dave and Co., for Petitioners. Mr. Krupali Rajani for Respondent No.1. Ms. Radhika Kulkarni with MR. Harshad Kshirsagar, Mr. Jitendra Kshirsagar, Mr. Kashish Kevlani i/by K and K Legal, for Respondent No.3. CORAM: N.J.JAMADAR, J. DATE : 31 AUGUST 2026 P.C. 1. Heard the learned Counsel for the parties. 2. The challenge in these petitions is to the orders dated 2 February 2026 passed by the learned Judge, City Civil Court, in Chamber Summons Nos.1348 of 2025 and 2711 of 2025, whereby the learned Judge, City Civil Court was persuaded to allow Chamber Summons No.1348 of 2025 and permitted the Applicants therein to implead the legal heirs of Defendant No.1 who has passed away, to represent the estate of deceased Defendant No.1. By an order of even date in Chamber Summons No.2711 of 2025, the learned SSP 1/3 2026:BHC-AS:35976 13 wp 7985 of 2026.doc Judge, City Civil Curt, dismissed the Chamber Summons taken out by the Petitioners, who claimed to be the executors of the Will executed by the deceased Defendant No.1. 3. The learned Judge, City Civil Court, was of the view that the Petitioners – purported executors, cannot represent the estate of the deceased Defendant No.1, until the Probate has been obtained. 4. The inter-play between the provisions contained in Sections 211 and 213 of the Indian Succession Act, was required to be considered by the learned Judge, City Civil Court. In any event, either the Petitioners or Ankit Prabhakar Singh, Respondent No.2, can be permitted to represent the estate of the deceased Defendant No.1. 5. Therefore, with the consent of the learned Counsel for the parties, both the orders dated 2 February 2026 passed in Chamber Summons Nos.1348 of 2025 and 2711 of 2025 stand quashed and set aside and the said Chamber Summons stand restored to the file of the learned Judge, City Civil Court. 6. The learned Judge, City Civil Court is requested to hear and decide both the Chamber Summons and conduct an inquiry as envisaged by Order XXII Rule 5 of the Code of Civil Procedure, 1908 and pass fresh orders in accordance with law. 7. All contentions of all the parties are kept open for consideration by the learned Judge, City Civil Court. SSP 2/3 13 wp 7985 of 2026.doc 8. Writ Petitions stand accordingly disposed. ( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 02/09/2026 15:11:00