Hoshang M. Baria v. Furrokh Bapuji Dhondi - Deceased And State Of Maharashtra - Applicant

923-CST76-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 76 OF 2018 IN TESTAMENTARY PETITION NO. 293 OF 2010 State of Maharashtra through the Investigation Officer, Bandra Police Station, Bandra (West), Mumbai ...Applicant In the matter between Hoshang M Baria & Anr

...Petitioners

Furrokh B Dhondi ...Deceased WITH TESTAMENTARY SUIT NO. 113 OF 2010 IN TESTAMENTARY PETITION NO. 293 OF 2010 WITH TESTAMENTARY SUIT NO. 13 OF 2011 IN TESTAMENTARY PETITION NO. 879 OF 2010 Mr US Upadhyay, AGP, for Applicant.

Mrs Anjali Purav, for the Petitioner in Testamentary Suit No. 113 of 2010 & Defendant in Testamentary Suit No. 13 of 2011.

Mr Tejas Vora, with Mr DR Mishra, for Petitioner in Testamentary Suit No. 13 of 2011 and Defendant in Testamentary Suit No. 113 of 2010.

13th July 2018

923-CST76-18.DOC Mr Vijay B Belge, PI, Bandra Police Station, Mumbai, present. CORAM: G.S. PATEL, J DATED:

13th July 2018 PC:- 1.

The application is by the State Government to take inspection of the Will in connection with a pending criminal complaint inter alia in respect of forgery amongst other sections under the Indian Penal Code. That very Will is in dispute in this Testamentary Petition. Whether or not it is a forgery and whether or not it is genuine is a matter for this Court in its Testamentary Jurisdiction to decide. I will not permit a situation where because some parallel complaint has been filed (and in this case by some third party) the entire integrity of the trial and evidence before this Court is compromised.

2.

The present Application is therefore rejected. (G. S. PATEL, J) 13th July 2018