Rosalina Fernandes @ Reema Kishan Jadhay v. Ivor Viegas

26-TS-172-2017 IN TP-1646-2017 WITH IAL-5742-2020 IN TS-172-2017.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 172 OF 2017 IN TESTAMENTARY PETITION NO. 1646 OF 2017 WITH INTERIM APPLICATION (L) NO. 5742 OF 2020 IN TESTAMENTARY SUIT NO. 172 OF 2017 Rosalina Fernandes Alias Reema Kishan Jadhav ...Plaintif

Versus

Ivor Viegas ...Defendant Mr Aamir Khan, i/b V Shukla & Associates, for the Plaintiff Ms Rohini Pandit, for the Defendantf CORAM: G.S. PATEL, J DATED:

8th March 2021 PC:- 1.

I am making this order on the basis of the statements made to me by the learned Advocates.

by Atul G.

Kulkarni Date:

2021.03.09 10:59:05 +0530 Atul G.

Kulkarni 2.

I am told that Testamentary Suit No. 172 of 2017 in Testamentary Petition No. 1646 of 2017 (Testamentary Petition (L) No. 1505 of 2017) is to be dismissed as withdrawn. 8th March 2021

26-TS-172-2017 IN TP-1646-2017 WITH IAL-5742-2020 IN TS-172-2017.DOC 3.

This necessarily means that the Petitioner is not propounding the Will dated 15th May 1979, said to have been the later Will. So be it.

4.

The Petition is dismissed as withdrawn.

5.

In view of this, Ms Pandit submits that the original grant of Letters of Administration with Will annexed issued on 16th February 1996 in respect of the earlier Will dated 7th September 1972 be returned to her. She had deposited that grant in Court pursuant to the order dated 30th January 2018. 6.

The request is logical and is accepted.

7.

The original Grant dated 16th February 1996 in Testamentary Petition No. 137 of 1995 in respect of the Will dated 7th September 1972 of Theodomiro Fransisco Severino Salvadore Viegas is to be returned to Ms Pandit on her making an application to that efect. 8.

copy of this order.

(G. S. PATEL, J) 8th March 2021