Bombay High Court
Mrs. Kunjlata Rajendra Shah And Anr vs Gautam Ratan Sonawane on 11 October, 2021
Author: R.I. Chagla
Bench: R.I. Chagla
1.TS.15.11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 15 OF 2011
IN
TESTAMENTARY PETITION NO. 439 OF 2010
Kunjlata Rajendra Shah & Anr. ... PlaintiffS
Versus
Gautam Ratan Sonawane ... Defendant
WITH
TESTAMENTARY SUIT NO. 34 OF 2011
IN
TESTAMENTARY PETITION NO. 890 OF 2010
Gautam Ratan Sonawane ... Plaintiff
Versus
Surendra Karsonlal Dalal ... Defendant
WITH
T.P.A.C.(L). NO. 21343 OF 2011
Ganesh A. Bhamare ... Plaintiff
Versus
Gautam Ratan Sonawane ... Defendant
WITH
INTERIM APPLICATION NO. 485 of 2021
State of Maharashtra ... Applicant
Versus
Gautam Ratan Sonawane & Anr. ... Defendants
Waghmare 1/4
1.TS.15.11.doc
WITH
TESTAMENTARY SUIT NO. 172 OF 2014
IN
TESTAMENTARY PETITION NO. 1180 OF 2014
Tushar Bhagwan Khaire ... Plaintiff
Versus
Kunjlata Rajendra Shah & Anr. ... Defendants
WITH
T.P.A.C.(L). NO. 21345 OF 2011
State of Maharashtra ... Plaintiff
Versus
Tushar Bhagwan Khaire ... Defendant
WITH
INTERIM APPLICATION NO. 500 of 2021
State of Maharashtra ... Applicant
Versus
Tushar Bhagwan Khaire & Ors. ... Defendants
Mr. E.A. Sasi a/w Mr. Sagar Mhamankar for the Petitioner.
Mr. D.R. Mishra for Defendant No.1 in TS/15/2011 and Plaintiff in
TS/34/2011.
Mr. H. Takke, A.G.P. for the State (Applicant).
CORAM : R.I. CHAGLA, J.
DATED : 11th OCTOBER, 2021.
P.C. :
1 The learned Counsel appearing for the Plaintiff in Testamentary Suit No.15 of 2011 in Testamentary Petition No.439 of 2010 Waghmare 2/4
1.TS.15.11.doc states that as per the order dated 17.03.2015, it was recorded by this Court that there are three documents which require to be marked. Insofar as Testamentary Petition No.1180 of 2014 is concerned, an affidavit in lieu of examination- in-Chief dated 19.12.2014 had been tendered by Mr. Chaubey, learned Advocate for the Plaintiff in Testamentary Suit No.172 of 2014. However, this Court had noted that the attesting witness Mr. Haresh Babulal Kanojia deponent of the affidavit in lieu of examination-
in-chief affirmed on 19.12.2014 was not present in Court, neither was the Plaintiff in that Suit. Hence, it was not possible to mark the documents in their absence.
2 The learned Counsel appearing for the Plaintiff in Testamentary Suit No.15 of 2011 states that the documents have till date not been marked as the deponent Mr. Kanojia, deponent of the said affidavit in lieu of examination-in-chief, is not present in this Court and that his presence will be required for marking of documents. This is supported by the learned Counsel appearing for the Plaintiff in Testamentary Suit No.34 of 2011 which concerns the first Will. 3 In view thereof the above matter is stood over to 20.10.2021. Mr. Haresh Babulal Kanojia, the deponent of the affidavit in lieu of examination-in-chief dated 19.12.2014 and the attesting witnesses to the Waghmare 3/4
1.TS.15.11.doc Will is directed to remain present on the next date. The learned Advocate Mr. R.S. Chaubey shall also remain present on the next date. The marking of the documents shall be done in their presence. Learned Counsel appearing for the Plaintiff in Testamentary Suit No.15 of 2011 as well as the learned Counsel for the Plaintiff in Testamentary Suit No.34 of 2011 shall serve notice of this order on Mr. R.S. Chaubey forthwith. 4 The Interim Application No.485 of 2021 and Interim Application No.500 of 2021 shall also be listed on 20.10.2021.
Digitally (R.I. CHAGLA, J.)
signed by
WAISHALI
WAISHALI SUSHIL
SUSHIL WAGHMARE
WAGHMARE Date:
2021.10.13
05:11:57
+0530
Waghmare 4/4