COURT OF JUDICATURE AT BOMBAY TESTAMENTARY
Chamber summons allowed to be withdrawn with no order as to costs.
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.
915-CST166-14.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 107 OF 2009
IN
TESTAMENTARY PETITION NO. 332 OF 2003
WITH
CHAMBER SUMMONS NO. 166 OF 2014
Mr. Noshir Rustom Aga…Applicant
In the matter between
Mr. Noshir Rustom Aga...Plaintiff
Versus
Mr. Behram Rustom Aga & Anr.…Defendants
Mr. Makarand Bakore, for the Plaintiff.
CORAM: G.S. PATEL, J DATED: 18th February 2015
PC:-
1.The attesting witness, one Hoshi Chinwalla, has sworn an
affidavit dated 12th February 2015. He is personally present in
Court. In view of the statements made in the affidavit, the Will of
Gool Rustom Aga is taken on record and marked in evidence as
Exhibit “P1”. It is clarified that the marking of Will does not mean
that the Defendants have accepted the due execution or validity and
1 of 2
915-CST166-14.DOC
veracity of the contents of this document, all of which are subject to
cross-examination.
2.The propounder (Plaintiff) wishes to lead in evidence
additional documents. List the matter for marking of Plaintiff’s
documents on 12th March 2015 at 1.00 p.m.
3.In view of this, the Chamber Summons is infructuous and is
allowed to be withdrawn with no order as to costs.
(G. S. PATEL, J.)
2 of 2
Noshir Rustom Aga
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court