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Bombay High CourtNMT/10/2015disposed off

Mrs. Bharati Rajendra Thakkar v. Mrs. Chandrabala Hirji Thakkar (Deceased)/Vimaladeo Hirjibhai Thakkar (Applicant)

2017-07-04Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 903-NMT10.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

T. & I. J.

NOTICE OF MOTION NO. 10 OF 2015 IN TESTAMENTARY PETITION NO. 344 OF 2014 Vimaladeo Hirjibhai Thakkar ..... Applicant

IN THE MATTER BETWEEN

Mrs.Bharati Rajendra Thakkar ..... Plaintiff

VERSUS

Vimal Hirjibhai Thakkar ..... Caveator Ms.Archana Karmokar, i/b. Divya Shah Associates for the Plaintiff. Mr.R.N.Kachare, i/b. Mr.Amol Mhatre for the Caveator. CORAM : R.D. DHANUKA, J.

DATE : 4th JULY, 2017 P.C.

Learned counsel appearing for the applicant states that in view of the order passed by this court on 9th October,2015 in Chamber Summons No.115 of 2015, this notice of motion does not survive. The statement is accepted. Notice of Motion No.10 of 2015 is accordingly dismissed as infructuous. No order as to costs.

2.

Learned counsel for the plaintiff states that all the original documents are already filed in Court. Learned counsel for the defendant seeks permission to take inspection of those documents filed in court. Learned Prothonotary and Senior Master is directed to permit the defendant to take inspection of the original

kvm 2/2 903-NMT10.15 documents filed by the plaintiff in presence of the learned advocates of both the parties.

3.

The defendant is directed to file statement of admission and denial in respect of such documents within one week from the date of the taking inspection of the original documents and shall serve a copy thereof upon the plaintiff's advocate simultaneously.

4.

Place the matter on board for marking of the documents on 1st August, 2017. (R.D.DHANUKA, J.)