Jaswantrai P.Vora v. Naina M. Ankhad

25-NMT115-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 115 OF 2015 IN TESTAMENTARY SUIT NO. 23 OF 2002 IN TESTAMENTARY PETITION NO. 754 OF 2002 Jaswantrai Premji Vora ...Applicant In the matter between Jaswantrai Premji Vora ...Plaintiff

Versus

Naina Mahendra Ankhad ...Defendant Mr. Abhineet N. Pange, i/b Pardiwala & Co., for the Applicant/Plaintiff.

CORAM: G.S. PATEL, J DATED:

11th March 2016 PC:- 1.

The Notice of Motion is an application by the Plaintiff for leave to inspect the original Will so that the report of an expert may be obtained on it. There can be no objection to this. 2.

The Plaintiff will be at liberty to seek an appointment by praecipe for this purpose with the Master and Assistant

25-NMT115-15.DOC Prothonotary in the Registry. The Registry will fix the date and time for inspection. On that date and time, the Plaintiff and his chosen expert will be at liberty to inspect the Will, take photographs and obtain a photocopy of all pages of it. Inspection will be granted only in the Registry, viz., in the Testamentary Department of this Court. Notice of the application for inspection will be given to the Advocates for the Defendant who may remain present at that time. On no account is the original will to be taken out of the premises of the High Court.

3.

As to the documents marked as Exhibit "F", "G", "H" and "I" and the Affidavit of Evidence of Mahendra Ankhad affirmed on 6th September 2010, the Advocates for the Plaintiffs will be entitled to take inspection separately by taking a prior appointment. They will also be entitled to take photocopies of all these documents on payment of the requisite costs, charges and expenses. 4.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)