A Notice of Motion regarding the inspection of a Will by a handwriting expert and a Suits in the Testamentary court was disposed of with orders for filing evidence and placing the suit for directions.
Permission granted for Defendant No. 1A's expert to inspect and photograph the Will; case placed for directions on 11th March 2015.
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6-TS-66-87.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 11 OF 2015
WITH
TESTAMENTARY SUIT NO. 66 OF 1987
IN
TESTAMENTARY PETITION NO. 92 OF 1986
Bhargav Jasvantrai Trivedi...Applicant
In the matter between
V. U. Trivedi…Plaintiff
Versus
Bhargav Jasvantrai Trivedi & Ors.…Defendants
Mr. Anand Jondhale , i/b M/s. Jondhale & Co., for the Applicant/Defendant No 1.
Mr. Girin Pandit, for the Plaintiff.
CORAM: G.S. PATEL, J DATED: 11th February 2015
PC:-
1.Defendant No. 1A seeks to obtain an opinion of a
handwriting expert in regard to the Will dated 6th July 1982.
Defendant No. 1A’s chosen expert will be at liberty to take
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6-TS-66-87.DOC
inspection of the Will in the office of Prothonotary & Senior Master
as also to take photographs of every page of the Will.
2.For this purpose, Advocates for Defendant No. 1A will lodge
a praecipe with the Prothonotary & Senior Master seeking a date
and time when the Will can be inspected and photographed.
Defendant No. 1A, his Advocate and the handwriting expert will
attend the office of the Prothonotary & Senior Master on the day so
fixed for this purpose, after notice to the Advocate for the Plaintiffs.
3.Given that the suit is of 1987, the application for inspection
and photographing the Will must be made before 13th February
2015. The expert must inspect the Will and take necessary
photographs on or before 20th February 2015.
4.After the opinion is received, Defendant No. 1A will file and
serve a copy of his own evidence affidavit along with the report of
the handwriting expert. The evidence affidavits are to be filed and
served no later than 9th March 2015.
5. Notice of Motion is disposed of in these terms.
6. Place the Suit for directions on 11th March 2015.
(G. S. PATEL, J.)
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Bhargav Jasvantrai Trivedi
G.S. Patel
As recorded by the court registry
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