A single judge in the Bombay High Court disposed of two chamber summonses in proceedings regarding the validity of deceased executors wills and framed issues for a testamentary suit, adjourning the matter.
Chamber Summons Nos. 88 and 100 of 2010 disposed of; Caveat application granted subject to filing affidavit; Suit adjourned.
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ch-summons-88-100
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PGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Chamber Summons No.88 of 2010
Petition No.346 of 2010
Mrs. Quarobina Santan Barretto
v/s.
Ms.Tereza Gonsalves
.... Plaintiff
WITH
Chamber Summons No.100 of 2010
IN
Suit No.66 of 2010
IN
Petition No.346 of 2010
Mrs. Quarobina Santan Barretto.... Plaintiff
v/s.
Mr.Joao Jose Ferrao.... Defendant
Mr.Denzil D. D�Mello for Plff.
Mr.Sanjay Deshpande for Deft.
CORAM : SMT.ROSHAN DALVI, J.
DATED :7th September, 2010
ch-summons-88-100
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P.C. :
1.Chamber Summons No.110 of 2010 is granted in terms of prayer(a). The Applicant in the Chamber Summons shall file the Caveat, if any, within one week. The Applicant in the Chamber Summons shall file the Affidavit in support of the Caveat within two weeks. The Caveat has already been filed by one Tereza Gonsalves, who is shown to be the Defendant in the above Chamber Summons No.88 of 2010.2.The following issues are framed:(1)Whether the last Will and Testament of the deceased dated 20th August 2008 is validly executed.(2)Whether the last Will and Testament of the deceased dated 20th August 2008 is forged.(3)What relief, if any, is the Plaintiff entitled to?3.The Plaintiff shall file her Affidavit of examination-in-chief of the other witnesses as required. The Plaintiff shall also file the Affidavit of documents, if any.4.The Defendants have propounded another Will which is3 ch-summons-88-100
the earlier Will of the deceased dated 19th September
1995. It is only if the Will dated 20th August 2008 is
declared to be forged that the Will dated 19th
September 1995 would be required to be considered.
Hence the above suit shall have to proceed before the
petition filed by the Defendants herein being
Testamentary Petition No.749 of 2009 and converted in
Testamentary Suit No.105 of 2009. At present, Suit No.
105 of 2009 shall be placed immediately after the above
suit.
5.The suit is adjourned to 28th September 2010.
6.Both the Chamber Summonses are disposed of accordingly.
( SMT.ROSHAN DALVI, J.)
1 provisions across 1 enactments
Ms. Tereza Gonsalves
Mrs. Quarobina Santan Barretto
Mr. Joao Jose Ferrao
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court