Geeta Mohan Narayan v. Uma Narayan And State Of Maharashtra (Applicant)

952-CST127-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 127 OF 2016 IN TESTAMENTARY SUIT NO. 173 OF 2015 IN TESTAMENTARY PETITION NO. 117 OF 2015 Geeta Mohan Narayan ...Plaintiff

Versus

Uma Narayan ...Defendant And State of Maharashtra ...Applicant Ms. Swati Narvekar, for the Plaintiff.

Smt. Rebecca Gonsalves, AGP, for the Applicant, State of Maharashtra.

CORAM: G.S. PATEL, J DATED:

25th October 2016 PC:- 1.

Heard. The Chamber Summons is served.

2.

This is an application by the Office of the Government Pleader pursuant to my order dated 4th August 2016. In paragraph 6, having regard to the quite exceptional facts and circumstances of the case, I agreed to vary my otherwise norms and to permit the 25th October 2016

952-CST127-16.DOC Government to take the original Will for further investigation, on a separate application being made.

3.

This is that application. I will allow it in terms of prayer clause (a), provided the Applicant gives an undertaking in writing to preserve and protect the original and to return it to the Court when the investigation is complete.

4.

The Applicant states that an FIR has been registered on 10th October 2016 alleging offences under Sections 465, 467, 468, 474, 420, 193, 199, 200 and 209 of the Indian Penal Code, 1950. 5.

It goes without saying that the Investigating Authority will be entirely responsible for preserving the original of the document. By way of abundant caution, the Registry will issue a Certified Copy of the Will and will keep the Certified Copy on record with the papers as also in the Safe Deposit Vault under cover bearing the same Will number, i.e., Will No. 45 of 2015. An authenticated copy of this order will be placed in the same cover along with the certified copy of the Will. The department will issue the certified copy to itself and not await an application for that purpose from any party. 6.

The Chamber Summons is disposed of in these terms. There will be no order as to costs.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 25th October 2016