Aparna Prabhat Khot v. Shirish Popatlal Shah And 5 Others

915-NMT-43-15-TS-81-11.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 43 OF 2015 IN TESTAMENTARY SUIT NO. 81 OF 2011 IN TESTAMENTARY PETIITON NO. 614 OF 2007 Aparna Prabhat Khot ...Applicant In the matter between Aparna Prabhat Khot ...Plaintiff

Versus

Mr. Shirish Popatlal Shah & Ors.

...Defendants Mr. B.G. Saraf, for the Plaintiff.

Ms. Amreen Mansuri, i/b M/s.

Ajay Law Asso., for the Defendants.

CORAM: G.S. PATEL, J DATED:

4th August 2015 PC:- 1.

Affidavit in Reply is taken on record.

2.

Heard.

915-NMT-43-15-TS-81-11.DOC 3.

For the reasons set out in the Affidavit in Support, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). Testamentary Suit No. 81 of 2011 and Testamentary Petition No. 614 of 2007 are restored to file. 4.

There are two compelling reasons to allow the Motion. The first of these is that the order of dismissal is my own. The second is that the order of dismissal is relatively recent, i.e., 16th February 2015. Mr. Saraf has moved as soon as possible thereafter. 5.

Ms. Mansuri, learned Advocate for the Defendants, presses for costs. She is certainly entitled to costs. The Plaintiff is directed to pay costs quantified at Re.1/-. Payment to be made by cheque as a condition precedent.

6.

List the Suit for framing issues on 14th August 2015. (G. S. PATEL, J.)