1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.100 OF 2009 IN T & IJ PETITION NO.482 OF 2003 IN TESTAMENTARY SUIT NO.49 OF 2003 Narsimhan Raghunathan .... Plaintiff. V/s Smt. Vatsala Srinivasan ..... Defendant. Mr. Bhavik Manek i/b Wadia Gandhy & Co. for plaintiff. Mr. Ramesh Ramamurthy for defendant. CORAM: V.M. KANADE, J. DATE : 10TH AUGUST, 2009 1. Defendant seeks leave of this Court to photograph the original Will No.184 of 2003 alongwith its cover in order to enable him to take opinion of handwriting expert. It is also prayed that the time granted for filing affidavit of the handwriting expert may be extended. 2. In my view, in the interest of justice it would be appropriate if the defendant is permitted to take photograph of the Original Will. No prejudice would be caused to the plaintiff 2 since the plaintiff would have an opportunity to cross-examine the handwriting expert after she tenders her report. 3. Notice of Motion is allowed in terms of prayer clauses (a) and (b). It is, however, clarified that defendant shall file affidavit in lieu of evidence of the handwriting expert by 17 th August, 2009. No further adjournment will be granted. The Commissioner, thereafter, shall permit the plaintiff to cross- examine the defendant’s witness. Time is extended up to 31 st August 2009 to complete recording of evidence by the Court Commissioner. 4. Notice of Motion is disposed of in the aforesaid terms. 5. Suit is adjourned to14 th September, 2009 for directions. (V.M. KANADE, J.)