Bombay High Court resolves its oldest pending case, disposing of a 79-year-old estate dispute through consent terms among descendants.
In a landmark development, the Bombay High Court has concluded its longest-running case, a suit filed in 1947 concerning the administration of the estate of the late Mr. Haji Alimohammed Haji Cassum. After nearly eight decades of legal proceedings, the case was amicably settled by the fourth generation of descendants, marking a significant moment in the Indian judicial history. The suit, which has been pending since October 7, 1947, was officially disposed of on February 5, 2026, by Justice Farhan P. Dubash.
The parties involved, including both plaintiffs and defendants, reached an agreement through consent terms, thereby resolving all disputes related to the administration of the estate. The original consent terms, dated February 5, 2026, were submitted to the court and confirmed by the signatories present, effectively bringing an end to the protracted legal battle.
Mr. Kevic Setalvad, Senior Advocate representing the plaintiffs, and Mr. Anupam Surve, Counsel for the defendants, communicated the settlement to the court. The consent terms, signed by five Power of Attorney holders representing various parties, were accepted and marked for identification.
Significantly, the court ordered the discharge of the Court Receiver from symbolic possession of properties listed in Annexure B of the consent terms. The Court Receiver is to deduct Rs. 7 lakhs from funds held in fixed deposits for costs and charges, returning the balance to the parties by February 20, 2026. Furthermore, all pending interim applications and court receiver reports have been disposed of, with interim orders vacated and records to be returned to the parties by March 31, 2026.
This resolution, devoid of any order as to costs, brings a historic closure to a case that spans generations, highlighting the potential for resolution through cooperative means. The settlement not only concludes the suit but also symbolizes a significant achievement in the efficiency of legal proceedings and dispute resolution.
Bottom Line:
The oldest pending suit before the Bombay High Court, filed in 1947, concerning the administration of the estate of a deceased individual, was amicably settled by the fourth generation of descendants, and the suit was disposed of in terms of consent terms.
Statutory provision(s):
Civil Procedure Code, 1908
Badrushama v. Salim Dawood Agboatwala, (Bombay) : Law Finder Doc id # 2856872
