Osborne Cecil Lamond v. Rusi Burjorji Master And ANR.

21-NMT51-13.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 51 OF 2013 IN TESTAMENTARY SUIT NO. 82 OF 2014 IN TESTAMENTARY PETITION NO. 254 OF 2013 Osborne Cecil Lamond ...Plaintiff

Versus

Rusi Burjorji Master & Another ...Defendants Mr. Prashant Tikare, i/b Ms. Zenobia Irani, for the Applicant/Defendants.

Ms. Sejal Shah, i/b Mr. Sandeep Manubarwala, for the Plaintiff. CORAM: G.S. PATEL, J DATED:

29th August 2016 PC:- 1.

The Notice of Motion is misconceived. It seeks dismissal of the Petition on the ground that the Testatrix lacked the necessary testamentary capacity. That is an issue that is squarely raised and framed in the probate proceedings. No Notice of Motion is required for this purpose.

2.

The Notice of Motion is dismissed.

(G. S. PATEL, J.) 29th August 2016