Dr. Sandra De Sa Souza v. Natasha Ann Dsouza

1 IA-805-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 805 OF 2024 IN TESTAMENTARY SUIT NO. 61 OF 2021 [No papers] Dr. Sandra De Sa Souza ...Plaintiff

Versus

Natasha Ann Dsouza ...Defendant WITH TESTAMENTARY SUIT NO. 61 OF 2021 ------ Mr. J. S. Kini, Mr. Aum Kini i/b Ms. Sapna Krishnappa for Caveator. Mr. Karl Tamboly (through VC), Ms. K. R. Daviervala and Mr. Yazdi P. Jijina i/b Mulla and Mulla and Craigie Blunt and Caroe for Applicant/Org. Plaintiff.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 17, 2026 P. C. :

Interim Application No. 805 of 2024 :

1.

Learned counsel appearing for Applicant, on instructions, seeks permission to withdraw the Interim Application. 2.

Interim Application is disposed of as withdrawn. Testamentary Suit No. 61 of 2021 :

3.

The following issues are framed :

Sairaj 1 of

1 IA-805-2024.doc (i) Whether the Plaintiff proves that the writing dated 26th May, 2009 has been validly and legally executed and attested as the Will of the deceased Francis Anslem D'souza in accordance with law ?

(ii) Does the Plaintiff prove that the deceased Francis Anslem D'souza was of sound, disposing state of mind, memory and understanding at the time of execution of writing dated 26th May, 2009?

(iii) Does the Defendant proves that the writing dated 26th May, 2009 is forged and fabricated document? (iv) What order and relief ?

4.

The Plaintiff to file list of witnesses, Affidavit of documents, compilation of documents and Affidavit of attesting witness on or before 13th February, 2026.

5.

Stand over to 16th February, 2026.

6.

The attesting witness to remain present in the Court on the next date.

7.

The process of inspection and discovery, admission and denials to be completed before the next date.

[SHARMILA U. DESHMUKH, J.] Sairaj 2 of