DARIUS RUTTON KAVASMANECK Vs. MAHARUKH MURAD OOMRIGAR

JUDGEMENT

(1.) By the present miscellaneous civil application filed under Sec. 24 of the CPC, the Petitioner seek transfer of Special Civil Suit No.837/2017 pending before the City Civil Court at Bombay to the High Court, with a prayer to try it along with Testamentary Suit No.135/2016, which is pending in this court.

(2.) Issue that arise for consideration in the application is: Whether the relief, as prayed for, can be granted by exercising the power Under Sec. 24 of the Code of Civil Procedure along with Rule 6 of Chapter I of the Bombay High Court (Appellate Side) Rules, 1960.

(3.) The Applicant before this court and Respondent Nos.1 and 2 are the progeny of Mrs.Jer and Mr.Rutton Manchershaw Kavasmaneck. Mr.Rutton M. predeceased Mrs.Jer, who expired on 29/11/2013. The proceedings revolve around a will executed by her on 22/12/2013 and it is the claim of the Applicant that he is a sole beneficiary and sole executor under the Will. The Applicant filed a petition for probate of the last will and testament of Mrs.Jer. The petition is numbered as Probate Petition No.660/2014. Respondent Nos.1 and 2 filed their respective caveat in the said proceedings on 24/5/2016 and 2/7/2016 raising their objection to the grant of probate and consequently, the aforesaid probate petition stood converted into a testamentary suit, numbered as Testamentary Suit No.135/2016.