Trevor Fernandes v. Tyrone Peter Fernandes

24-NMT206-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 206 OF 2016 IN TESTAMENTARY SUIT NO. 67 OF 2013 IN TESTAMENTARY PETITION NO. 1550 of 2012 Trevor Fernandes ...Plaintiff

Versus

Tyrone Peter Fernandes ...Defendant Ms. Geeta Sonanwane, i/b Denzil D'Mello , for the Plaintiff. None for the Applicant/Defendant.

CORAM: G.S. PATEL, J DATED:

14th October 2016 PC:- 1.

This Notice of Motion by the Defendant is thoroughly misconceived. It seeks to stay a probate Petition on the ground that there is pending partition Suit. In fact, the partition Suit cannot proceed till the present Suit is decided.

2.

The Notice of Motion is dismissed with no order as to costs. 14th October 2016

24-NMT206-16.DOC At 3.00 p.m.:

3.

On the application of the learned Advocate for the Defendant, the order passed in the morning is recalled. The Notice of Motion is restored to file.

4.

On instructions, the learned Advocate for the Defendant seeks leave to withdraw the Notice of Motion. Leave granted. The Notice of Motion is dismissed as withdrawn with no order as to costs.

(G. S. PATEL, J.) 14th October 2016