Dr. Govindaraja Venkatesh Iyengar v.

17-IA1511-2020INTS42-2012.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1511 of 2020 SANTOSH SUBHASH KULKARNI IN TESTAMENTARY SUIT NO. 42 OF 2012 SANTOSH SUBHASH KULKARNI Date: 2023.01.12 10:16:58 +0530 I. S. Prakash ...Applicant/ Ori.Deft.1b In the matter between Dr. Govindaraja Venkatesh Iyengar ...Plaintiff The Mysore Co.Op. Hsg. Soc. Ltd.

...Defendant no.6 Mr. I. S. Prakash, Applicant-in-person in IA/1511/2020. Mr. Avinash Joshi, for the Plaintiff in S/603/2013. Mr. S. K. Dhekale, Court Receiver, present.

CORAM:

N. J. JAMADAR, J.

DATED :

9th JANUARY, 2023 PC:- 1.

Heard the applicant-in-person.

2.

The applicant prays for following relief:

"(a) Typed letter dt.17-1-1998 and Nomination dt.17-1-1998 (originals) may be called upon from Def.6 for CID probe including alleged Will dt.22-12-1998. All these documents are forged. Handwriting expert report is the proof." 3.

Perused the order dated 19th March, 2018 in Chamber Summons No.161 of 2017 in Testamentary Suit No.42 of 2012 in Testamentary Petition No.64 of 2011 alongwith Suit No.603 of 2013.

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17-IA1511-2020INTS42-2012.DOC 4.

The Court has recorded that the original Will and the Nomination Form are in the custody of the Prothonotary and Senior Master of this Court and the Metropolitan Magistrate, 52nd Court, Kurla, Mumbai, respectively.

5.

So far as the prayers in the instant application, the applicant is at liberty to avail appropriate remedies as available in law with regard to initiation of the prosecution. 6.

With this clarification, the application stands disposed. 7.

The suit and the Testamentary Petition be listed for directions as to final hearing on 6th February, 2023. [N. J. JAMADAR, J.] 2/2