Sanjay Norbert Desylva v. Marion Murzelo

54-CST53-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 53 OF 2016 IN TESTAMENTARY SUTI N O. 163 OF 2014 IN TESTAMENTARY PETITION NO. 1097 OF 2012 Sanjay Norbert Desylva ...Plaintiff

Versus

Marion Murzelo ...Defendant Ms. Priyanka Kothari, with Ms. Neha Bhatt, i/b M/s. Bilawala & Co., for the Plaintiff Ms. Megha A. Mohite, i/b M/s. JMB Partners, for the Defendant. CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

Ms. Kothari points out that there was a linked Testamentary Suit No. 27 of 2014 that propounded a later Will of the deceased. On 11th June 2015, I permitted that Suit to be withdrawn. A copy of that order is at Exhibit "1" to the Affidavit in support of the present Chamber Summons.

21st June 2016

54-CST53-16.DOC 2.

Ms. Kothari, therefore, submits that the present Petition propounding an earlier Will will now have to proceed. For that purpose, the Petitioner needs to amend the Petition to bring on record the names of the sisters of the deceased as heirs and next of kin.

3.

The Chamber Summons is made absolute in terms of prayer clause (a) with no order as to costs. Amendment to be carried out on or before 1st July 2016, without need of reverification. 4.

List the Suit for framing issues on 20th July 2016. (G. S. PATEL, J.) 21st June 2016