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Bombay High Court

IQBAL ABRAHIM MESTRIversusMUSTAFA FAZLEABBAS HATHIARI

Decided
Disposal
DISPOSED OFF

Holding

The court held that the question of the respondent's caveatable interest shall be framed and decided in the pending testamentary suit.

Summary

In an interim application filed in Testamentary Suit No. 132 of 2021, the applicant Iqbal Abrahim Mestri sought disposal of the application on the ground that the court should first frame the issue of whether the respondent, Mustafa Fazleabbas Hathiari, possesses a caveatable interest. Counsel for the applicant, Ms. Priyanka Kothari, argued that the question of caveatable interest should be decided within the main suit. The High Court, after considering the submission, disposed of the interim application and ordered that the issue of the respondent's caveatable interest be framed and adjudicated in the pending testamentary suit. The court also directed that the suit be listed for issue framing on 5 October 2026. No substantive merits were decided in the interim application.

Issues considered

  • Whether the respondent has a caveatable interest in the subject matter of the testamentary suit

Subjects

  • testamentary suit
  • caveatable interest
  • interim application
  • issue framing
  • succession law

Judgment

                                                                1/1               54-IA-7661-2025 (OS).DOC
        Digitally
        signed by
        VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE    Date:
        2026.09.23
        10:53:50
        +0530

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         TESTAMENTARY AND INTESTATE JURISDICTION


                                           INTERIM APPLICATION NO. 7661 OF 2025
                                                                IN
                                             TESTAMENTARY SUIT NO. 132 OF 2021
                     Iqbal Abrahim Mestri                                                    ...Applicant
                               Versus
                     Mustafa Fazleabbas Hathiari                                             ...Respondent
                                                             _______
                     Ms. Priyanka Kothari a/w Mr. Ashutosh Thipsay and Mr. Asif Mulla i/b Zishan
                     Quazi, for the Applicant.
                     Ms. Rohini Pandit a/w Mr. Kevin Gala i/b Rohini Pandit, for the Respondent.
                                                             _______
                                                                      CORAM : ARIF S. DOCTOR, J.
                                                                      DATE    : 21st SEPTEMBER, 2026

                     P.C.
                     1.        Ms. Kothari, learned counsel for the Applicant submits that the Interim

                     Application can be disposed of if an issue is framed in regard to whether the

                     Respondent has a caveatable interest and the same is decided in the

                     Testamentary Suit.

                     2.        Accordingly, the Interim Application is disposed of. The issue as to whether

                     the Caveator/Respondent has any caveatable interest shall be framed and

                     decided in the Suit.

                     3.        List the Testamentary Suit on 5th October 2026 for framing of issues.




                                                                                     [ARIF S. DOCTOR, J.]



                     Vaibhav


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