GANESH SRINIVAS KIDAMBI Vs. RAKESH SHANABHAI PATEL

JUDGEMENT

(1.) Heard Mr. Khapre, learned senior counsel for the petitioners and Mr. Sarathi, learned counsel for respondent No.1 in WP No. 626/2023. Mr. rulkar, learned counsel for respondent no.1 in WP No. 1938/2023 supports the petitioners. None appears for respondent nos. 2 to 7, though served. Ms. Tapadia, learned counsel for respondent nos. 8 to 10.

(2.) The petition questions the order dtd. 6/12/2022 passed by the learned Trial Court below Exh.166, an application filed by the petitioners for their impleadment as defendant Nos. 11 and 12 in SCS No. 84/07, a suit for partition and separate possession filed by respondent nos.1 to 3 against the respondent nos.4 to 8.

(3.) The reason for impleadment is on the basis of two Wills dtd. 24/8/2005 and 30/9/2005, both executed by Smt. Sarlabai Ramvatar Kidambi, by which she has bequeathed her properties, which is the subject matter of Wills to the defendant No.1, her son, and appointed the respondent No.11 Rakesh Shanabhai Patel as the executor. It is contended that since the Wills bequeath whatever is remainder in case of an alienation by the defendant/respondent no.1 with the consent of the respondent no.11, to the petitioners, they are proper and necessary parties.