MOHAMED SALMAN NOORANI Vs. RADHIKA BHARGAVA

JUDGEMENT

(1.) Both these appeals are directed against order dated 13 March 2014 of the learned Trial Judge in the notice of motion taken out by the plaintiffs in a suit for setting aside the Deed of Apartment dated 29 October 2010 executed by the appellants in Appeal (L) No.275 of 2014 (defendants Nos. 1 & 2) in favour of the appellant in Appeal No.239 of 2014 (defendant No.10), transferring their right, title and interest as executors of the Will of the deceased and putting defendant No.10 in possession of the suit flat on the Napean Sea Road, Mumbai ("the suit flat").

(2.) The executors (defendants Nos. 1 & 2) have propounded the Will of the deceased in probate petition filed on 10 February 2006. The suit flat was one of the properties left by the deceased.

(3.) According to plaintiffs, who have filed the petition for letters of administration on 19 June 2009, they have 20% share in the estate of the deceased and therefore also 20% share in the suit flat. In the petition for letters of administration, the plaintiffs have valued the total estate of the deceased including the suit flat at Rs.9.74 crores.