Disposed

Hoshang Pesi Hodiwalla v. 1. Bonny Dehramshah Bhathena and Ors.

Bombay HC7 Sept 2010NMT/101/2010

Case brief

AI extract

What is this about?

In a testamentary suit, the court appointed a commissioner to record evidence while allowing another handwriting expert to inspect and photograph the original Will under court supervision before a specified date.

What did the court decide?

Ms. Mamta Saad appointed as Commissioner; Defendants granted liberty to have a handwriting expert inspect and photograph the Will on 21st September 2010.

Hoshang Pesi Hodiwalla Vs 1. Bonny Dehramshah… — Civil Procedure and Limitation | Bombay HC (2010)

nm-101

PGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

¶5

Notice of Motion No.101 of 2010
IN
Testamentary Suit No.22 of 1991
IN
Petition No.121 of 1990

¶6

Hoshang Pesi Hodiwalla

¶7

....Plaintiff
(orig. Petitioner)

¶8

v/s.

¶9

Bonny Behramshah Bhathena & ors...Defendants
(Orig. Respondents)

¶10

Mr.G.S. Hiranandani for Plaintiff.
Mr.Sean Wassoodew for Deft.No.1.

¶11

CORAM : SMT.ROSHAN DALVI, J.

¶12

DATED :7th September, 2010

¶13

P.C. :

¶14

1.The issues have been framed in this suit. The
Affidavit of examination-in-chief of the Plaintiff and
one attesting witness has been filed. The Commissioner
has not been appointed to record the cross-examination
of the parties in the suit. In the meanwhile, the
Defendants have obtained an opinion of the handwriting
expert. That handwriting expert is stated to be old and
infirm and his evidence cannot be recorded. The

¶15

2 nm-101

¶16

Defendants desire another handwriting expert to see and
photograph the signatures of the testator on the Will.
It is opposed by the Plaintiff. All parties deserve to
be given liberty to prove or disprove the Will, as they
deem fit provided, of course, that the Application is
bona fide and does not delay the proceedings
needlessly.

¶17

2.It is seen that the Commissioner is also yet to be appointed. Trial would require to proceed. In the meantime, the Will can be inspected and photographed by any other handwriting expert.

¶18

3.Hence the following directions:

¶19

(i)By consent, Ms.Mamta Saad, Advocate is appointed Commissioner to record the evidence in this suit. The parties shall appear before the Commissioner initially on 16^th September 2010 at 5 p.m. and thereafter as fixed by the Commissioner. The Commissioner shall record the evidence preferably day to day.

¶20

(ii)The parties shall pay the fees of the Commissioner as fixed by the Commissioner equally.

¶21

(iii)The Commissioner shall record the cross-examination

¶22

nm-101

¶23

¶24

of the Plaintiff as well as the attesting witnesses.

¶25

(iv)The Plaintiff�s Advocate states that the Plaintiff shall not examine any other further witness. So soon as the Plaintiff closes his case, the Defendants shall file their Affidavit of examination-in-chief, if any. The Advocate on behalf of the Defendants states that the Defendants shall examine one of themselves and one handwriting expert. The Defendants shall file the Affidavit of documents also along with their Affidavit of examination-in-chief.

¶26

(v)The suit shall be placed on Board for considering the admissibility and relevancy of the documents of the Defendants thereafter.

¶27

(vi)In the meantime, the Defendants shall allow inspection of the original Will to the other handwriting expert in the chamber of the Prothonotary and Senior Master of this Court on 21^st September 2010 at 11.30 p.m. The Plaintiff�s Advocate shall be entitled to remain present at that time. The handwriting expert shall be entitled to take photographs of the Will, if required. The Will shall not be removed from the chamber of the Prothonotary and Senior Master of this Court.

¶28

4 nm-101

¶29

(vii)The parties shall place the suit on Board for
considering the admissibility of the documents at the
appropriate time.

¶30

(viii)The Notice of Motion is disposed of accordingly.

¶31

( SMT.ROSHAN DALVI, J.)

Hoshang Pesi Hodiwalla v. 1. Bonny Dehramshah Bhathena and Ors.

Case brief

What is this about?

What did the court decide?

Hoshang Pesi Hodiwalla v. 1. Bonny Dehramshah Bhathena and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sister M. Herlinde Vs Mr. Michael Lopez

Arvind Sitaram Iyer - C.A. of Harindra Sitaram Iyer. Vs Udyavara Raghvendra Acharya.

Arvind Sitaram Iyer Vs U.R. Acharya and Anr. and Union of India

Moti Menghraj Gehi Vs Asha Menghraj Gehi and Others

Yogesh @ Yogi Nanik Motwane and Anr. Vs Girdhar Nanik Motwane

Mrs. Quarobina Santan Barretto Vs Ms. Tereza Gonsalves