Bombay High Court
Pratap Janardhan KarnathversusPrabodh Janardhan Karnath
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
Holding
The interim application is allowed and the Registry is directed to issue the witness summons as prayed.
Summary
The plaintiff, Pratap Janardhan Kamath, filed an interim application seeking a witness summons for Dr. Haresh K. Jumani to testify in a testamentary suit. The court noted that a Court Commissioner had already been appointed and both parties had agreed to a meeting before the Commissioner on 13 March 2026 at 5:00 p.m. The applicant requested that the Registry issue the summons promptly to ensure the witness’s presence. The court examined whether it was appropriate to issue the summons in view of the scheduled commissioner’s meeting. It directed the Registry to issue the summons expeditiously for the stated date and time. Consequently, the interim application was allowed.
Issues considered
- Whether the court should issue a witness summons to Dr. Haresh K. Jumani for evidence in the testamentary suit
Subjects
- interim application
- witness summons
- testamentary suit
- court commissioner
- evidence
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
PATHAN
QUTBUDDIN
Date:
PATHAN 2026.03.05
15:33:49 47-IA-5348-2025.doc
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO.5348 OF 2025
IN
TESTAMENTARY SUIT NO.93 OF 2021
IN
TESTAMENTARY PETITION NO. 1192 OF 2020
Pratap Janardhan Kamath ...Applicant/Plainti%
Versus
Prabodh Janardhan Kamath & Anr. ...Defendants
——————
Hegde Manjunath Shridhar for the Applicant/Plainti
Mr. Prakash Shah i/b M/s. Prakash & Co. for the Defendants
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : MARCH 04, 2026
P. C. :
1. The Interim Application has been preferred for issuance of
witness summons to Dr. Haresh K. Jumani, Mumbai K.E.M. for giving
evidence in Testamentary Suit No.93/2021.
2. It is informed to this Court that the Court Commissioner has
already been appointed and the parties are agreeable to the meeting
before the Court Commissioner on 13 th March 2026 at 5:00 p.m. for
evidence of Dr. Haresh K. Jumani.
SQ Pathan 1/2
47-IA-5348-2025.doc
3. The Registry is directed to issue witness summons to Dr. Haresh
K. Jumani to remain present on 13th March 2026 at 5:00 p.m before the
Court Commissioner for recording evidence. Registry to ensure that
the summons is issued expeditiously so that the presence of the
witness is secured.
4. Interim Application is allowed in the above terms.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 1/2
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