Shri Prakashkumar M. Shah vs Smt. Sunita Anant Mehta
2021 Latest Caselaw 13830 Bom

                                                                       3-TS-51-2001-IN-TP-604-2000.DOC




                        Shephali



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             TESTAMENTARY AND INTESTATE JURISDICTION
                                       TESTAMENTARY SUIT NO. 51 OF 2001
                                                            IN
                                   TESTAMENTARY PETITION NO. 604 OF 2000


                        Prakashkumar M Shah                                                ...Plaintiff
                              Versus
                        Sunita Anant Mehta                                              ...Defendant


                        Ms Sapana Krishnappa, for the Plaintiff.
                        Mr Bhavin Gada, w ith Vaishalil Sharma, i/b Harakchand & Co, for
                             the Defendant.


                                                CORAM: G.S. PATEL, J
                                                DATED: 24th September 2021
                        PC:-


                        1.

I am told that Mr Kini for the Plaintiff is unwell. This constant delay will not work.

2. The Plaintiff seeking probate has not led the evidence of attesting witness nor any person present at the time of execution of Digitally signed by the Will. The evidence was completed and there is an order of 8th SHEPHALI SHEPHALI SANJAY MORMARE April 2019 to that effect. The only evidence that the Plaintiff lead is SANJAY MORMARE Date:

2021.09.27 that of the probate Petitioner who is propounding Will, who is 11:06:24 +0530 admittedly not an attesting witness nor was present at the time of

24th September 2021 3-TS-51-2001-IN-TP-604-2000.DOC

execution of the Will. Prima facie, the Plaintiff has not led evidence in accordance with Sections 68 and 69 of the Indian Evidence Act.

3. For these reasons, list the matter for a judgment and final order on 1st October 2021 at 2.30 pm.

4. I am making it clear that on 1st October 2021 the matter will not be adjourned under any circumstances at the instance of either of the parties.

5. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J)

24th September 2021