32. WP.11301.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11301 OF 2026 Fatima Shafique Khan ...Petitioner Versus Taherali Akabarali Madarwala & Ors ...Respondents Mr. Sanjeev Singh a/w. Shivam Joshi, S. Mishra, Ankit Mishra i/b. Mr. Ritesh Singh for the Petitioner. CORAM : N. J. JAMADAR, J. DATE : 8th SEPTEMBER, 2026 P.C. 1. Heard the learned Counsel for the Petitioner. 2. Challenge in this Petition is to an order dated 20/07/2026 passed by the learned Judge, City Civil Court whereby a Chamber Summons taken out to represent the deceased and prosecute the L.C. Suit No. 2960 of 2014 came to be allowed. 3. Learned Counsel for the Petitioner submits that Respondents/Applicants had made contradictory statements in the affidavit-in-support of the Chamber Summons. Though a reference was made to the fact that the Respondents were in the process of obtaining the Letters of Administration, yet particulars of the said Petition were not furnished. Learned Judge has incorrectly recorded that Respondents had filed a Petition for grant of Letters of Administration. 4. I have perused the averments in the plaint. Akn 1 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.09.11 21:47:55 +0530 32. WP.11301.2026.doc 5. The deceased Plaintiff has assailed the legality and validity of instruments executed by the grandfather of the deceased Plaintiff in favour of the Defendants. The grant of Letters of Administration is not a condition precedent for representing the estate of the deceased. There is an essential distinction between the provisions contained in Section 211 and 213 of Indian Succession Act. The learned Judge, City Civil Court has correctly observed that at the stage of bringing the legal representatives of deceased Plaintiff on record a summary inquiry is warranted, especially when there is no other person who has laid claim to represent the estate of the deceased Plaintiff. 6. In the aforesaid view of the matter, there is no reason to interfere with the impugned order. The Petition thus does not deserve to be entertained and, accordingly, stands dismissed. ( N. J. JAMADAR, J. ) Akn 2