1. Umesh Pravin Joshi And ANR. v. 1. Jaykant Mahendra Joshi And ANR.

929-NMT154-11.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 154 OF 2011 IN TESTAMENTARY SUIT NO. 15 OF 2004 Jaykant Mahendra Joshi & Anr.

...Applicants In the matter between Umesh Pravin Joshi & Anr.

...Plaintiffs

Versus

Ghansyam K. Joshi & Ors.

...Defendants Mrs. S. I. Shah, i/b S. I. Shah & Co., for the Applicants.

Ms. Neeta Solanki, i/b Kiran Jain & Co., for the Defendant No. 1. CORAM: G.S. PATEL, J DATED:

24th June 2016 PC:- 1.

The Motion is infructuous. The 1st Plaintiff, Pravin K. Joshi, has passed away. Mrs. Shah agrees that the prayer in Motion is improperly worded. There is no question of 'recalling' any witness since the Plaintiffs are yet to open their evidence and are yet to lead the evidence of their first witness.

2.

The Notice of Motion is dismissed. There will be no order as to costs.

24th June 2016

929-NMT154-11.DOC 3.

The Plaintiffs have already filed their Affidavit of Documents. List this Suit for marking the Plaintiff's documents on 5th July 2016 on the supplementary board.

(G. S. PATEL, J.) 24th June 2016