Mr. Noshir Rustom Aga v. Behram Rustom Aga And Mrs. Kety Minoo Dastur

915-CST166-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 107 OF 2009 IN TESTAMENTARY PETITION NO. 332 OF 2003 WITH CHAMBER SUMMONS NO. 166 OF 2014 Mr. Noshir Rustom Aga ...Applicant In the matter between Mr. Noshir Rustom Aga ...Plaintiff

Versus

Mr. Behram Rustom Aga & Anr.

...Defendants Mr. Makarand Bakore, for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

18th February 2015 PC:- 1.

The attesting witness, one Hoshi Chinwalla, has sworn an affidavit dated 12th February 2015. He is personally present in Court. In view of the statements made in the affidavit, the Will of Gool Rustom Aga is taken on record and marked in evidence as Exhibit "P1". It is clarified that the marking of Will does not mean that the Defendants have accepted the due execution or validity and

915-CST166-14.DOC veracity of the contents of this document, all of which are subject to cross-examination.

2.

The propounder (Plaintiff) wishes to lead in evidence additional documents. List the matter for marking of Plaintiff's documents on 12th March 2015 at 1.00 p.m.

3.

In view of this, the Chamber Summons is infructuous and is allowed to be withdrawn with no order as to costs. (G. S. PATEL, J.)