Allowed

Vimal G. Karlekar @ Shalini G. Karlekar v. Atul G. Karve and Ors. and Mr. Prasan N. Tolia

Bombay HC17 Sept 2008CST/43/2008

Case brief

AI extract

What is this about?

This chamber summons allowed an application by a caveator for the preservation of a notarial register containing a deceased's signature and for permission to take attested true copies of the entry regarding the execution of the Will.

What did the court decide?

Order allowing the chamber summons for preservation of the notarial register and permission to take attested true copies of the relevant entry regarding the Will.

Vimal G. Karlekar @ Shalini G. Karlekar Vs Atul G… — Succession and Inheritance | Bombay HC (2008)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 TESTAMENTARY AND INTESTATE JURISDICTION

¶3

 CHAMBER SUMMONS NO. 43 OF 2008
 IN
 TESTAMENTARY SUIT NO. 29 OF 2006
 WITH
 TESTAMENTARY PETITION NO. 180 OF 2006

¶4

 Smt.Vimal Govind Karlekar alias
 Shalini Govind Karlekar ...Petitioner/
 Plaintiff
 vs.
 Shri Atul Gajanan Karve & Ors. ...Caveators/
 Defendants
 and
 Shri Prasan N. Tolia ...Respondent

¶5

 Mr.G.R. Mehta for the Plaintiffs.

¶6

 Ms.Lata Desai i/b. M/s.Ashwinikumar & Co. for
 Defendant No.1/Applicant.

¶7

 Ms.S. Mhatre for Defendant Nos.5 and 6.

¶8

CORAM : V.M. KANADE, J.

¶9

DATED : SEPTEMBER 17, 2008

¶10

P.C. :-

¶11

 1. This chamber summons is taken out by the
 defendant no.1 seeking the following reliefs :-

¶12

 a) That the original Notarial Register
 maintained by the Respondent Notary containing
 the Signature affixed by the Deceased Leelabai

¶13

 - 2 -

¶14

 Dattatray Karlekar at the time of the execution
 and attestation of Will dated 20th May 1997, be
 called for and carefully preserved under the
 directions of this Hon’ble Court.

¶15

 b) That the Defendant No.1 be permitted to
 take adequate number of attested true copies of
 the entire extract of the entry regarding
 execution of the Will by the Deceased from the
 Notarial Register as aforesaid, for careful
 preservation under the directions of this
 Hon’ble Court.

¶16

 c) that the hand-writing experts viz. Shri
 Haresh T. Gajjar and Shri Anil Mathur engaged
 by the Defendant No.1 herein be permitted to
 inspect and examine the Deceased person’s
 signature in the Notarial record as aforesaid,
 with necessary optical and other instruments.

¶17

 d) that the hand-writing experts viz. Shri
 Haresh T. Gajjar and Shri Anil Mathur engaged

¶18

 - 3 -

¶19

 by the Defendant No.1 herein be permitted to
 take necessary photographs of the Deceased
 person’s signature from the abovesaid Notarial
 records.

¶20

 e) for costs.

¶21

 f) for such further and other reliefs as
 the nature and circumstances of the case may
 require.

¶22

 2. Heard defendant no.1 in person and Counsel for
 the plaintiff. In my view, it would be appropriate if
 the notarial register maintained by the respondent
 Notary is tendered in this Court and is preserved by the
 Prothonotary and Senior Master and the defendant no.1 is
 permitted to take an attested true copies of the entire
 extract of the entry regarding execution of the Will of
 the deceased from the said register.

¶23

 3. Chamber Summons is allowed in terms of prayer
 clauses (a) and (b) and is disposed of.

¶24

 - 4 -

¶25

(V.M. KANADE, J.)

Vimal G. Karlekar @ Shalini G. Karlekar v. Atul G. Karve and Ors. and Mr. Prasan N. Tolia

Case brief

What is this about?

What did the court decide?

Vimal G. Karlekar @ Shalini G. Karlekar v. Atul G. Karve and Ors. and Mr. Prasan N. Tolia

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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