
This judgment pertains to an appeal against an order dated March 13, 2023, passed by a learned Single Judge of the Bombay High Court. The order allowed the substitution of the deceased original plaintiff in a family property dispute case (Suit No. 1011 of 2014) with certain heirs claiming rights through a Will. The case revolves around a contested Family Settlement and allegations of illegal alienation of properties by the deceased. The judgment addresses multiple interconnected suits involving family members, tenants, and third parties. The core issue involves the validity of the substitution of plaintiffs and whether this changes the nature of the original suit.
Background and Context
The dispute centers around the family property of Late Mr. Haji Israr Alam and involves his widow, children, and other heirs. The original plaintiff's death led to the replacement of plaintiffs in the ongoing suit. The appellant, Mujibur Rehman Haji Israr Alam Siddiqui, challenges this substitution.
The Litigation
Three suits are connected: Suit 865 of 2014 (challenging revocation of the Family Settlement), Suit 1011 of 2014 (seeking declaratory reliefs), and Suit 27343 of 2021 (claiming rights through a Will dated November 11, 2019).
Contentions of the Appellant
The appellant argues that the substitution of new plaintiffs fundamentally alters the nature of the suit, turning it from a declaratory case into a testamentary dispute. The appellant also contests the addition of certain heirs as plaintiffs based on the contested Will.
Court’s Observations
The court evaluated whether the substitution of plaintiffs undermines the original suit and whether it transforms the nature of the dispute, impacting the other connected suits.
Decision
The appeal primarily deals with the procedural propriety of substituting plaintiffs in light of ongoing disputes over the validity of the Will and the family settlement.
Case Title: Mujibur Rehman Haji Israr Alam Siddiqui Versus Noorjahan Begum Haji Israr Alam Siddiqui & Ors.
Citation: 2024 Lawtext (BOM) (8) 262
Case Number: APPEAL NO. 126 OF 2023 IN INTERIM APPLICATION (L.) NO. 8532 OF 2020 IN SUIT (L.) NO. 1011 OF 2014 WITH INTERIM APPLICATION (L.) NO. 10139 OF 2023 IN APPEAL NO. 126 OF 2023
Date of Decision: 2024-08-26