mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 93 OF 2010 IN TESTAMENTARY SUIT NO. 80 OF 1994 IN TESTAMENTARY PETITION NO.130 OF 1994 Mrs. Theresa Dulcinia Dias ...Petitioner/Plaintiff Vs. Mr. Albert Rebello & Ors. ...Caveators/Defendants Mr. S.S. Redis, Advocate for Petitioner/Plaintiff Mr. Deneil D’Mello, Advocate for Caveators/Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 1ST SEPTEMBER, 2010 P.C. : 1. For the reasons stated in the affidavit in support of the Notice of Motion the Notice of Motion is made absolute in terms of prayers (a) and (b) with the condition that the Petitioner shall henceforth regularly and punctually attend to the Suit. 2. The affidavit in support of the Caveat shows that the Testator would not have executed the Will as he was not in sound state of mind for the reasons stated therein. 3. Hence, the following Issues:- 1. Whether the last Will of the deceased John Rebello dated 13th July 1990 was validly executed. 2. Whether the deceased was not in a sound state of mind by virtue of injuries he suffered as mentioned in the affidavit in support of the Petition. 3. What relief, if any, the Petitioner entitled to? 4. The Petitioner shall file his affidavit of examination-in-chief as well as the affidavit of examination-in-chief of the other witness, if any. 5. The Petitioner shall bring his original documents to consider their relevancy and admissibility. 6. The Suit is adjourned to 21st September 2010. 7. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)