JAMSHED DASTUR Vs. GULOO PERVIZ DASTUR

JUDGEMENT

(1.) The plaintiffs, who have instituted the suit to administer the estate of Perviz Dastur ("the deceased") on the basis of intestacy, have preferred this application for interim reliefs seeking disclosure of assets of the deceased, dealings and/or attempts to deal with any part or portion of the estate of the deceased, appointment of a Receiver in respect of the estate of the deceased and restraining the defendant from dealing with, disposing off, transferring, alienating, encumbering or parting with possession of or creating any third party rights or interest in the estate left behind by the deceased including movable properties.

(2.) The material averments in the plaint, necessary for the determination of the instant application, can be summarized as under:

(3.) It would be contextually relevant to note that by an order dtd. 8/9/2021, the defendant was restrained from disposing of any of the assets till a proper disclosure of the assets was made. On 27/9/2021, after recording the grievance of the plaintiffs that the affidavit of disclosure is inaccurate and insufficient, this Court granted time to the defendant to file an additional affidavit and the interim order was continued till 5/10/2021. The additional affidavit of disclosure was filed on 30/9/2021, to which copies of the record of rights in respect of the immovable assets of the deceased were annexed.