Saroj Prabhulal Shah v. Jayesh Prabhulal Shah And ANR

TS22.09-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.22 OF 2009 IN TESTAMENTARY PETITION NO.387 OF 2008 Saroj Prabhulal Shah ....Plaintiff V/s.

Jayesh Prabhulal Shah & Anr.

....Defendants ---- Ms.Purnima G.Bhatia for the plaintiff.

Mr.R.A.Shaikh for the defendant no.1.

Mr.Salil Shah i/by Swati S.Margi for defendant no.2. ---- CORAM : K.R.SHRIRAM,J DATE : 27.2.2017 P.C.:- Ms.Purnima Bhatia seeks leave to withdraw the petition. Petition dismissed as withdrawn. Refund of court fees if any, in accordance with Rules.

Mr.Shaikh for defendant no.1 and Mr.Shah for defendant no.2 are pressing for cost stating that their clients defendant nos.1 & 2 have incurred substantial cost in as much as even the plaintiff's evidence had begun and cross-examination of PW-1 was carried out and PW-2's evidence was considered by them but who was not made available for cross-examination.

KJ

TS22.09-21 Ms.Bhatia states that this is another instance of unfortunate family fight where the plaintiff is the mother and defendants are her children- son and daughter. In view of this family relationship, I am not inclined to grant any cost. (K.R.SHRIRAM,J) KJ