Single judge order framing issues regarding the execution and authenticity of a Will. The court appointed a commissioner, set timelines for affidavits, and disposed of the chamber summons while listing a Notice of Motion.
Chamber summons disposed; Commissioner appointed; timelines set for affidavits and expert report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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33-CST160.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 160 OF 2012 IN
SUIT NO. 73 OF 2012 IN
PETITION NO. 343 OF 2012
Piyush Vasantlal Shah ..... Applicant (Org.Petitioner) Piyush Vasantlal Shah ..... Plaintiff
VERSUS
Pankaj Vasantlal Shah ..... Defendant
Tanveer Patel, i/b. M.K.Khatri & Co. for the Plaintiff.
Mr.Kalpesh Joshi for the Defendant.
CORAM : R.D. DHANUKA, J.
DATED : 20th AUGUST, 2013
P.C.
By consent of parties, following issues are framed :-
(1) Whether plaintiff proves that the Will dated 10th June 1997 was duly executed by the deceased testator and was attested in accordance with the provisions of law ?
(2) Whether the respondent prove that the Will dated 10th June 1997 is not made by the deceased and is fabricated as alleged in para Nos.3 and 7 of the affidavit in support of Caveat.
(3) What order ?
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33-CST160.12
[R.D. DHANUKA, J.]
3 issues framed by the court
Whether the plaintiff proves that the Will dated 10th June 1997 was duly executed and attested?
Whether the respondent proves that the Will is not made by the deceased and is fabricated?
What order should be passed regarding the disposal of the chamber summons in the succession suit?
Piyush Vasantlal Shah
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
