Godfrey Desylva v. Sanjay Desylva And ORS.

46-TS163-14+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 163 OF 2014 IN TESTAMENTARY PETITION NO. 1097 OF 2012 Sanjay Norbert DeSylva ...Plaintiff

Versus

Marion Murzelo ...Defendant WITH TESTAMENTARY SUIT NO. 27 OF 2014 IN TESTAMENTARY PETITION NO. 1827 OF 2012 Godfrey Desylva ...Plaintiff

Versus

Sanjay Norbert DeSylva ...Defendant Ms. Neha Bhatt, i/b M/s. Bilawala & Co., for the Plaintiff. Mr. Firoze Bharucha, i/b JMB Partners, for the Caveator. CORAM: G.S. PATEL, J DATED:

14th October 2016 PC:- 1.

Mr. Bharucha states that JMB Partners have instructions to enter appearance on behalf of the newly added heirs and legal 14th October 2016

46-TS163-14+.DOC representatives at Serial Nos. 11 and 12 in the Petition. M/s. Bilawala & Company will serve on M/s JMB Partners on behalf of the heirs and legal representatives at Serial Nos. 11 and 12 a copy of the Petition and the citation which has already been issued. 2.

Mr. Bharucha, on instructions, waives service of citation on behalf of the heirs and legal representatives at Serial Nos. 11 and 12 in the Petition. Having regard to their ages, they will have a slightly longer period, i.e., till 25th November 2016, in which to file a Caveat and Affidavit in Support if they so wish. If they have not done so by that time, they will not be entitled to do so thereafter; nor will they be at liberty to seek any extension of time. No application for condonation of delay will be entertained. They are not to move the Vacation Court under any circumstances.

3.

List the Suit for framing issues directions on 2nd December 2016.

(G. S. PATEL, J.) 14th October 2016