Sanjaya Chandrabhushan Saran v. Gopika Chandrabhushan Saran

26-CST9-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 9 OF 2018 IN TESTAMENTARY SUIT NO. 74 OF 2008 IN TESTAMENTARY PETITION NO. 622 OF 2008 Sanjaya C Saran ...Plaintiff

Versus

Gopika C Saran ...Defendant Mr Rajesh Shah, with Aditi Bhat, i/b Markand Gandhi & Company, for the Plaintiff.

Ms Viveka Truman,i/b Deven Dwarkadas & Partners, for the Defendant and Applicant in Chamber Summons No.9 of 2018.

CORAM: G.S. PATEL, J DATED:

21st February 2018 PC:- 1.

The Chamber Summons is by the Defendant requiring a disclosure in terms of Schedule I to the Chamber Summons. 2.

Item no.1 in this list pertains to the medical reports of the deceased. He died sometime in 1979. The Plaintiff has on Affidavit stated that he does not have these medical records. They may have 21st February 2018

26-CST9-18.DOC been with the deceased's widow but there are unavailable today. The statement is noted and accepted.

3.

Item nos. 2, 3, 4 and 5 of Schedule I relates to assets of the deceased, the Memoranda and Articles of Association of two companies and copies of land records. None of these are of the slightest relevance in a contested probate application. No useful purpose will be served by allowing these documents into the record, for it is well settled that questions of title to property are not decided by probate Courts. All rights and contentions of both sides in regard to those assets and properties are specifically kept open and will remain unaffected by any order in the Probate Petition. 4.

The Chamber Summons is disposed of in these terms. (G. S. PATEL, J) 21st February 2018