1 NM-92 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.92 of 2010 IN Testamentary Suit No.5 of 2009 IN Testamentary Petition No.847 of 2006 Smt.Violet Domnic Kinny .. .. Petitioner/ Plaintiff v/s. Cliffy John Jacinto & anr. .. .. Caveators/ Defendants Mr.R.B. Nalawade i/by Mr.E.K. Sasidharan for Petitioner. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 2nd September, 2010 P.C. : 1.This Notice of Motion has been served upon the Caveators on 22nd July 2010. No Affidavit-in-reply is filed. The Notice of Motion only seeks expedition of the suit. The suit is of 2009 and the Petition is filed in 2006 and is, therefore, otherwise required to be expedited. 2.The suit is expedited. The Affidavit-in-support of the Caveat has been filed since 16th March 2007. 3.The following issues are framed:- 2 NM-92 ISSUES (1)Whether the last Will and Testament of Smt.Angeline Manuel Gomes dated 10th February 1993 has been validly executed. (2)Whether the last Will and Testament of Smt.Angeline Manuel Gomes dated 10th February 1993 has been forged and fabricated. (3)Whether the deceased was ill and impaired of vision such that she could not have executed the Will. (4)What relief, if any, is the Petitioner/Plaintiff entitled to ? 4.The Petitioner/Plaintiff shall file her Affidavit of examination-in-chief as well as the Affidavit of examination-in-chief of the other witnesses, if any. The Petitioner/Plaintiff shall also file her Affidavit of documents, if any. 5.The admissibility and relevancy of the documents of the Petitioner/Plaintiff shall be considered on the next date of hearing. 6.Suit is adjourned to 27th September 2010. (SMT.ROSHAN DALVI, J.)