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NOTICE OF MOTION NO.955 OF 2018

High Court: Bombay High Court Bench: BOMBAY
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2026-09-14 09:08:16
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Issue of Consideration

NOTICE OF MOTION NO.955 OF 2018

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Case Details

2019 LawText (BOM) (05) 14

Notice of Motion No. 955 of 2018 in Suit No. 493 of 2018

2019-05-02

R.D. Dhanuka, J.

Mr. Aspi Chinoy, Senior Counsel with Mr. D.D. Madon, Senior Counsel, Mr. Sharan Jagtiani, Ms. Ankita Singhania and Mr. Mutahhar Khan i/b Shane Clifford Cardoz for the Applicant/Plaintiff; Mr. Zal Andhyarujina with Mr. Kunal Dwarkadas i/b Mr. Vrushal Gupta for Defendant Nos.1 to 4; Mr. Pradeep Sancheti, Senior Counsel with Ms. Deepti Panda and Mr. M.R. Pardiwala i/b Pardiwala & Co. for Defendant Nos.5 to 8

Mrs. Daulatbanoo Sadruddin Nanavati

Tazaldin Sadruddin Nanavati & Ors.

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Nature of Litigation

Partition of jointly owned properties

Remedy Sought

Plaintiff seeks judgment on admission, preliminary decree for partition, declaration of half share, and appointment of commissioner for partition

Filing Reason

Plaintiff wanted separation of jointly held assets of Nanavati and Rajwani groups

Previous Decisions

Earlier suit no. 4008 of 2005 before Bombay City Civil Court was settled via consent terms dated 12-12-2008, but no decree passed

Procedural History

In 2005, plaintiff and her children filed Suit No. 4008 of 2005 in the Bombay City Civil Court against late A.F. Rajwani and his son Amin seeking injunction. The parties commenced mediation. On 12 December 2008, consent terms were signed and taken on record by the Bombay City Civil Court, and the suit and notice of motion were disposed of as settled out of Court, but no decree was passed. In 2017, plaintiff sent letters to defendants seeking separation of jointly held assets. On 29 May 2017, plaintiff's advocate issued notice. Defendant No.5 denied allegations. On 1 October 2017, further correspondence occurred. In 2018, plaintiff filed Suit No. 493 of 2018 in the Bombay High Court along with Notice of Motion No. 955 of 2018 seeking judgment on admission and partition.

Acts & Sections

  • Code of Civil Procedure, 1908: Order XII Rule 6, Order XX Rule 18(2), Order XXVI Rule 13
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judgment on admission partition suit consent terms co-ownership preliminary decree notice of motion

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