Anil Tilokchand Naheta v. Pavankumari Tilokchand Naheta (Deceased)

SLG BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 7th January, 2025 CALLED FOR HEARING :

TP/1930/2024 (E-filing) WITH WILL/757/2024 Ms. Salma Ghaswala i/b. Ghaswala and Associates, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks time to file Additional Affidavit of Attesting Witness as per order dated 26.11.2024.

2. Ld. Advocate for petitioner submits that she will file Additional Affidavit of Attesting Witness stating that deceased has signed in Devnagari script as he was also aware of English language. It is not mentioned at the time of execution of the Will that the contents of the Will was interpreted and explained to the deceased.

3. Ld. Advocate for petitioner seeks permission to withdraw the Affidavit of Attesting Witness namely Chandrakanta Agarwala which was filed earlier.

4. I have perused the petition and Will and thereafter, I have passed the order dated 26.11.2024. It has been observed that Attesting Witness statements are contrary to the Will hence, I have passed the order and confirmed my earlier order.

5. Today, Advocate for petitioner submits that she want to withdraw the Affidavit of Attesting Witness and seeks permission to file fresh additional Affidavit of Attesting Witness.

6. Ld. Advocate for petitioner seeks necessary directions from the Hon'ble Court with respect to the withdrawal of the Affidavit of Attesting Witness.

7. Ld. Advocate for petitioner further submits that it is not mandatory for annexing doctor certificate. She has produce xerox copy of the same. ......2

SLG - 2 - She requested for permission to produce the same with the Affidavit of Petitioner. The said request is accepted.

8. List the matter on 04.02.2025.

07.01.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR