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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