1 TS.62/95-TP.607/93 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO.62 OF 1995 IN TESTAMENTARY PETITION NO.607 OF 1993 The Maharashtra Executor & Trustee ...Plaintiff Vs. R.V. Thakkar ...Defendant Mr. B.G. Saraf, Advocate for Plaintiff None for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 17TH SEPTEMBER, 2010 P.C. : 1. The above Petition is for grant of probate of the last Will and Testament of Ramabai Vishnu Thakur, who expired on 28 th September 1988. The names of the heirs have been mentioned in paragraph 9 of the Petition. The citation has been served upon the heirs and the legal representatives of the deceased heirs. 2. Only one of the heirs at serial No.3 in paragraph 9 of the Petition has filed a Caveat and the affidavit in support thereof. Consequently, the Petition was converted into Suit. 3. Consequently issues have been framed in the Testamentary Suit. The 2 TS.62/95-TP.607/93 Plaintiffs have been directed to comply with pretrial formalities since 23 rd August 2010. On 9 th September 2010 the affidavit of examination-in-chief of the attesting witness to the Will was filed. The suit has not been defended since July 2009. Consequently, it has been placed on board for Ex-parte decree. The affidavit of the attesting witness is produced. 4. The original Will is filed in the office of the Prothonotary and Senior Master of this Court. 5. Consequently the probate is required to be granted of the last Will of the deceased Ramabai Thakur as prayed for. 6. Suit is decreed accordingly. 7. The probate to be issued. Drawn up order is dispensed with. (SMT. ROSHAN DALVI, J.)