CHETAN HARIDAS PAREKH Vs. NAVNIT HARIDAS PAREKH

JUDGEMENT

(1.) The dispute is between siblings. This petition is filed for appointment of a guardian or next friend of Respondent No.1 to prosecute the suit and for not permitting him to withdraw the suit.

(2.) There have been several litigations between the parties. One Harish Parekh, the father of the parties, died leaving behind essentially one flat in Matru Chhaya, Marine Drive, Mumbai 20. Respondent No.1 lives there. His brother and three other sisters have been married and have settled elsewhere in India and abroad. His son is serving in Abudhabi, UAE. His daughter is married. He is 75 years of age. At the time of the death of the father all sibilings were minors except himself. The father died leaving behind his widow and five children including Respondent No.1. The mother of the parties got the tenancy rights of the suit flat transferred to the name of the Respondent No.1 after the death of the father. He continued as tenant. He has been made an owner of the suit flat along with other tenants in the building. The defendants accept his possession through decades.

(3.) The initial dispute started in 2010. Respondent No.1gifted the suit flat to his son on 1 st December,2010. Soon thereafter he sued his sibilings restraining them from entering into the flat. It was contended by the sibilings that the gift deed was got fabricated by the son and the litigation was instigated by the son. Another suit came to be filed by them, initially in the City Civil Court and later in the High Court challenging the gift deed for its cancellation and for partition amongst the siblings as the co owners of the suit flat.