Case Note & Summary
The High Court of Judicature at Bombay, presided over by Justice Abhay Ahuja, took up Guardianship Petition No. 8 of 2025 along with Interim Application No. 1768 of 2025 on 8 May 2025. The petitioners, Vahbiz Pervez Dumasia and Niloufer Pervez Dumasia, sought guardianship orders. The interim application had been disposed of by an earlier order dated 24 April 2025. At the hearing, counsel submitted that the interim application was wrongly placed on board. The court accordingly directed its removal. Further, counsel stated that the main petition had been amended as permitted by the same prior order and should be treated as a petition under Clause XVII of the Letters Patent. The court ordered accordingly. This order is purely procedural, clarifying the status of the proceedings.
Headnote
A) Procedural Law - Court's power to manage its own board - Removal of disposed matter - Letters Patent (Bombay High Court) Clause XVII - The court ordered removal of an interim application from the board as it had been disposed of on 24 April 2025, and allowed the main petition to proceed as a petition under Clause XVII of the Letters Patent as amended pursuant to the prior order (Paras 1-3).
Issue of Consideration
Whether the Interim Application No. 1768 of 2025 should be removed from board as disposed, and whether the Guardianship Petition should be treated as under Clause XVII of Letters Patent as amended.
Final Decision
Remove Interim Application No. 1768 of 2025 from the board; Guardianship Petition to be treated as under Clause XVII of the Letters Patent as amended.
Law Points
- Procedural amendment
- removal of disposed matter from board
Case Details
2025 LawText (BOM) (05) 38
Guardianship Petition No. 8 of 2025 with Interim Application No. 1768 of 2025
Jahangir Jeejeebhoy, Nupur Desai
Vahbiz Pervez Dumasia and Niloufer Pervez Dumasia
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Nature of Litigation
Guardianship petition and interim application for guardianship matters.
Previous Decisions
Interim Application No. 1768 of 2025 was disposed of by order dated 24 April 2025.
Issues
Procedural issue of removal of interim application from board
Amendment of guardianship petition to be under Clause XVII of Letters Patent
Submissions/Arguments
Counsel submitted that Interim Application No. 1768 of 2025 was disposed of and wrongly on board
Counsel submitted that as permitted by order dated 24 April 2025, the petition has been amended and be treated as under Clause XVII of Letters Patent
Ratio Decidendi
Not applicable, procedural order.
Judgment Excerpts
When the matter is called out, Mr. Jeejeebhoy, learned Counsel appearing for the Petitioners submits that the Interim Application No. 1768 of 2025 is wrongly on board as the same has been disposed of by order dated 24th April, 2025.
Accordingly, remove the Interim Application No. 1768 of 2025 from the board.
Mr. Jeejeebhoy further submits that as permitted by this Court by order dated 24th April, 2025, the Guardianship Petition has been amended and that this Petition be treated as a Petition under Clause XVII of the Letters Patent.
Procedural History
Interim Application No. 1768 of 2025 was disposed of by order dated 2025-04-24. Guardianship Petition permitted to be amended by order dated 2025-04-24.
Acts & Sections
- Letters Patent (Bombay High Court): Clause XVII
