Bombay High Court
MANOJ SHRINIVAS GUPTAversusShashi Keshavchandra Dwivedi
- Decided
- Disposal
- Dismissed as Withdrawn
Holding
The Court allowed the withdrawal of the improperly formatted interim application and permitted the Applicant to re‑file it afresh.
Summary
Manoj Shrinivas Gupta (Applicant) filed an interim application in a testamentary suit, but the court observed that the application was not in the proper format. The Applicant's counsel sought permission to withdraw the defective application and to file a fresh one. The Court, after noting the procedural irregularity, granted liberty to withdraw the interim application. Consequently, the interim application was dismissed as withdrawn. The Court also allowed the Applicant to re‑file the application in the correct format.
Issues considered
- The interim application filed by the Applicant is defective in form and whether the Court may permit its withdrawal and re‑filing.
Subjects
- interim application
- procedural defect
- withdrawal
- re‑filing
- testamentary suit
Judgment
1/1 26-IA-3193-2026 (OS).DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.30
10:56:09
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 3193 OF 2026
IN
TESTAMENTARY SUIT NO. 72 OF 2017
Manoj Shrinivas Gupta ...Applicant
Versus
Shashi Keshavchandra Dwivedi ...Respondent
_______
Mr. Nitin Gandhi, for the Applicant.
Ms. Pramila Prajapati i/b M/s. Pandey & Co., for the Respondent.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 28th SEPTEMBER, 2026
P.C.
1. When the matter was called, it was observed that the Interim Application
was not in the proper format. Hence, learned counsel for the Applicant seeks
leave to withdraw the Interim Application with liberty to file the same afresh.
2. The Interim Application is accordingly dismissed as withdrawn, with
liberty to file the same afresh.
[ARIF S. DOCTOR, J.]
Vaibhav
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