The Defendant Nos.1, 2, 3 and 5 are the Paternal uncles of the Plaintiffs mother i.e. Mrs. Zeenat S. Jagani viz.
The said Will is probated in the High Court T I.J. Petition No.856 of 2003 as per the Prabate granted on 6th December 2006.
On 4.02.2013, aforesaid Suit No.408 of 2013 was filed by the respondent submitting inter alia The Plaintiff along with his Maternal grand mother Mrs. Noorbanoo Mohammed Ali Tejani are in use, occupation and possession of the premises known as Tej Kunj, 1st Floor, Plot No.212 D, Byramjee Jeejeebhoy Road, Bandstand, Bandra West , Mumbai 400050, hereinafter referred to as the suit premises.
the brothers of deceased father named Mohammed Ali H. Tejani since deceased and Defendant No.6, is a son of the Defendant No.5 and Defendant No.4 is the sister of Defendants 1,2,3 and 5.Mohammed Ali H. Tejani called the said Deceased was a Co owner along with Defendant Nos.1 to 5 in respect of a Plot of Land bearing Plot No.202 D, along with the building companyprising of ground with one upper floor standing thereon and known as Tej Kunj The said deceased executed a Will dated 28th September 1991 under which the deceased bequeathed his 1/7th share in the plot of land in favour of the Defendant Nos.1 to 5.
He also preferred Notice of Motion No.344 of 2013 praying inter alia for grant of temporary injunction restraining the defendants from dis possessing the respondent plaintiff from the suit premises without following due process of law.
Uday Umesh Lalit, J. Leave granted.
This appeal challenges the judgment and Order dated 17.09.2013 passed by the High Court of Bombay in Appeal from Order ST No.15590 of 2013 quashing and setting aside the Order dated 29.04.2013 passed by the Bombay City Civil Court in Notice of Motion No.344 of 2013 in Suit No.408 of 2013.
The said deceased died on 22nd March, 2003 and since then the said Noorbanoo Mohammed Ali Tejani and the plaintiff resided in the said flat.
It was averred The said deceased during his life time resided along with his wife namely the said Smt.
The respondent plaintiff then adverted to Will dated 28.09.1991 and Clause 7 thereof in particular.
Noorbanoo Mohammed Ali Tejani and the family members on the entire First Floor of the said property including the plaintiff herein.
