1 TS.109/98-TP.636/98 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 109 OF 1998 IN TESTAMENTARY PETITION NO.636 OF 1998 Mrs. Avrita Kaur J. Gauri ...Plaintiff/Petitioner Vs. Cluney Gurbachansingh Sethi & Ors. ...Defendants/Respondents Ms. S.P. Trivedi i/b. A. Bharat & Co., for the Plaintiff CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH SEPTEMBER, 2010 P.C. : 1. This Petition is filed by the Plaintiff for the grant of probate of the Will of her father Gurbachansingh Sethi. 2. The Caveatrix has not appeared after filing of the Caveat on a number of dates of hearing as has been recited in the earlier order dated 9th September 2010. The Plaintiff has filed her affidavit of evidence and produced the original documents. The Plaintiff has also filed the affidavit of one attesting witness which has been annexed to the Petition. 3. The statements of the Plaintiff in her affidavit are not controverted. The 2 TS.109/98-TP.636/98 The Plaintiff has, therefore, proved the Will dated 8th January 1998 of her late father as per the statements made in her affidavit as well as in the affidavit of the attesting witness. 4. Consequently, issue No.1 is answered in the affirmative. 5. Onus of proving the other issues is on the Caveatrix. For want of her appearance none of the issues is proved. 6. Hence the following order. The Will dated 8th January 1998 of the late Gurbachansingh Sethi shall be probated. (SMT. ROSHAN DALVI, J.)