Disposed

Jaswantrai P.Vora v. Naina M. Ankhad

Bombay HC11 Mar 2016NMT/115/2015

Case brief

AI extract

What is this about?

This order grants the plaintiff leave to inspect the original Will in the registry under supervision for expert examination. It details the procedure for appointment, inspection, photography, copying, and the defendant's right to be present.

What did the court decide?

Leave granted to inspect the original Will in the registry; appointment to be fixed by Master and Assistant Prothonotary; defendant's presence allowed.

Jaswantrai P.Vora Vs Naina M. Ankhad — Succession and Inheritance | Bombay HC (2016)

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25-NMT115-15.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 115 OF 2015

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IN

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TESTAMENTARY SUIT NO. 23 OF 2002

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IN

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TESTAMENTARY PETITION NO. 754 OF 2002

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Jaswantrai Premji Vora…Applicant
In the matter between
Jaswantrai Premji Vora...Plaintiff
Versus
Naina Mahendra Ankhad…Defendant

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Mr. Abhineet N. Pange , i/b Pardiwala & Co., for the Applicant/Plaintiff.

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CORAM: G.S. PATEL, J DATED: 11th March 2016

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PC:-

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1.The Notice of Motion is an application by the Plaintiff for
leave to inspect the original Will so that the report of an expert may
be obtained on it. There can be no objection to this.

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2.The Plaintiff will be at liberty to seek an appointment by
praecipe for this purpose with the Master and Assistant

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25-NMT115-15.DOC

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Prothonotary in the Registry. The Registry will fix the date and
time for inspection. On that date and time, the Plaintiff and his
chosen expert will be at liberty to inspect the Will, take photographs
and obtain a photocopy of all pages of it. Inspection will be granted
only in the Registry, viz., in the Testamentary Department of this
Court. Notice of the application for inspection will be given to the
Advocates for the Defendant who may remain present at that time.
On no account is the original will to be taken out of the premises of
the High Court.

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3.As to the documents marked as Exhibit “F”, “G”, “H” and
“I” and the Affidavit of Evidence of Mahendra Ankhad affirmed on
6th September 2010, the Advocates for the Plaintiffs will be entitled
to take inspection separately by taking a prior appointment. They
will also be entitled to take photocopies of all these documents on
payment of the requisite costs, charges and expenses.

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4. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Jaswantrai P.Vora v. Naina M. Ankhad

Case brief

What is this about?

What did the court decide?

Jaswantrai P.Vora v. Naina M. Ankhad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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