Chandu Bhagwandas Gagwani v. Harish Hemant Goklani

68-NMT113-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 113 OF 2016 IN TESTAMENTARY SUIT NO. 25 OF 2016 IN TESTAMENTARY PETITION NO. 2181 OF 2015 Chandu Bhagwandas Gagwani ...Plaintiff

Versus

Harish Hemant Goklani ...Defendant Mr. Anand P. Mishra, for the Applicant.

Mr. Mahendra Agrekar, with Sujal Vikhare, i/b Mr. Rajesh Gehani, for the Defendant.

CORAM: G.S. PATEL, J DATED:

6th June 2016 PC:- 1.

This Notice of Motion is liable to be summarily dismissed. Prayer (a) is incomprehensible. It reads thus: "(a) That the Hon'le Court be pleased to check the veracity of the claim of caveator on the basis of purported will submitted by him which is apparently seems to be a forged instrument merely on its plain reading and other mandatory requisites for its validity."

6th June 2016

68-NMT113-16.DOC 2.

Prayer (b) seeks appointment by the Court of a handwriting expert. I will do no such thing. It is open for either side to appoint a handwriting expert of their choice, if they so wish. Both sides may apply at an appropriate time. That is the other thing. This is not the appropriate time.

3.

The Notice of Motion is premature apart from being misconceived. The issues have not been framed as yet. 4.

The Notice of Motion id dismissed. There will be no order as to costs.

5.

List the matter for framing issues on 22nd June 2016. (G. S. PATEL, J.) 6th June 2016