Seema Ashok Chhabra v. Rajender Krishankumar Chhabra

1 19-IA(L)-1936-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 1936 OF 2025 IN TESTAMENTARY SUIT NO. 55 OF 2023 Seema Ashok Chhabra ...Applicant/Plaintiff

Versus

Rajender Krishankumar Chhabr ...Caveator/Defendant WITH INTERIM APPLICATION NO. 824 OF 2024 WITH INTERIM APPLICATION (L) NO. 6620 OF 2025(NOB) ----- Adv. K. T. Kukreja i/b Arvind F. M. for the Petitioner/Plaintiff. Adv. Asim Parve i/b Shoaib Memon for the Defendant ----- CORAM :

ARIF S. DOCTOR, J.

TH MARCH, 2025 DATE :

P.C. :

INTERIM APPLICATION (L) NO. 1936 OF 2025:

1.

By way of present amendment, the Plaintiff simply seeks to add the following:

"The Petitioner shall crave lave to refer to and rely upon all the papers and proceedings including orders passed in Short Cause Suit No.622 of 2020 filed in Bombay City Civil Court at Dindoshi Branch, Borivali" 2.

The Suit is at a pretrial stage, the amendment is entirely formal in

2 19-IA(L)-1936-2025.doc nature and does not in any manner prejudice the Defendant. Furthermore, the Defendant shall have the liberty to file an additional amendment. Hence, in view of the above, captioned Interim Application is allowed in terms of prayer clause (a) which reads thus:

" That the Hon'ble Court be pleased to condone the delay of about 1304 in carrying out amendment"

3.

Amendment is to be carried out within a period of two weeks from today.

4.

Defendant is at liberty to file an additional written statement to the amendment made within a period of four weeks from the date on which the copy is served upon him.

5.

Re-verification is dispensed with.

INTERIM APPLICATION (L) NO. 6620 OF 2025:

6.

By consent the Interim Application is taken on board. The Interim Application seeks condonation of delay in filing the Additional Affidavit in respect of the Caveat. Learned Counsel for the Plaintiff very fairly does not oppose. Hence, the Interim Application is allowed.

3 19-IA(L)-1936-2025.doc 7.

At this stage, the parties have today tendered draft issues. 8.

The Court after considering the same frames the following issues: ISSUES th I) Whether the Plaintiff proves that the Will dated 24 November, 2012 is the last Will and Testament of Krishankumar Badridas Chhabra (deceased)?

th II) Whether the Plaintiff proves that the Will dated 24 November, 2012 has been executed in accordance with the provision of the Indian Succession Act, 1925? III) Whether the Defendant proves that the Will th November, 2012 is a propounded by the Plaintiff dated 24 fabricated Will?

IV) What Decree/Order?

9.

Learned Counsel for the Plaintiff submits that the following shall be complied with within a period of three weeks from today. 10.

Parties are directed to file their respective Affidavits of Documents th March 2025, to exchange the Statement of Admission and on or before 18

4 19-IA(L)-1936-2025.doc th March 2025, and to file list of witnesses and Affidavit Denial on or before 24 in lieu of Examination in Chief of the Plaintiff's first witness together with compilation of documents with copy to be served upon the Defendants on or th March 2025.

before 28 st April, 2025 for direction.

11.

List the matter on 1 (ARIF S. DOCTOR, J.)