Hari Vishnu Shendye And Khurshid Dhan Tata v. Armaity Burjor Daruwalla - Deceased

Nalawade 6-JO-46-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION JUDGE'S ORDER NO. 46 OF 2018 AND JUDGE'S ORDER NO. 41 OF 2018 IN PETITION NO.1456 OF 2018 Hari Vishnu Shendye and anr.

...Petitioners.

Mrs.

Ferzana Z.

Behramkamdin I/by FZB & Associates for the petitioners.

Mr. Najam E. Soni for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 25th February, 2019 PC :

1.

Matter is placed on board under the caption of directions at the instance of the petitioners on praecipe dated 21.2.2019. 2.

I have heard Mrs. Behramkamdin, learned counsel for the petitioners. I have perused the afÏdavit filed by Hari Vishnu Shendy dated 23.2.2018. The petitioners submitted that there are various - Page-1/2

Nalawade 6-JO-46-18.doc inconsistencies in the report submitted by the learned Court Commissioner dated 31.5.2018. The learned court commissioner was appointed by this Court by an order dated 14.3.2018 and 28.3.2018. A perusal of the afÏdavit dated 18.2.2019 filed by the petitioners indicates that the deponent of the said afÏdavit was himself present at the time of visit of the learned Court Commissioner. The averments made in the said afÏdavit are accepted. It is made clear that the report of the Court Commissioner stands corrected and modified and shall be read with the corrections pointed out by the petitioners in the said afÏdavit. Praecipe is disposed off. I have also considered the afÏdavit filed by the petitioner pointing out various inconsistencies. The said afÏdavit is also taken on record.

3.

In Para No.3 of the Court Commissioner's report name of the Solicitor firm mentioned as AFB Associates shall be read as instead of FZB and Associates. The said appearance also stands corrected.

( R.D. DHANUKA, J.) - Page-2/2