1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NMT/142/2009 IN TESTAMENTARY SUIT NO. 11 OF 2009 IN TESTAMENTARY PETITION NO. 976 OF 2008 Mr.Menino Francisco Gregory Fernandes ...Plaintiff Vs. Mr.Thomas Anthony Fernandes & ors. ...Defendants. Mr.Bomi Patel with Munir Merchant for the Plaintiff. Ms.Meena Solanki i/b. Sara & Co. for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 2nd February, 2010. P.C.- 1 This Notice of Motion is taken out for calling upon the defendants to produce Will dated 12.07.1996 made by late Mr.Roquesinho Fernandes. The learned counsel for the caveators have no objection for the same. 2 In view of this, the Notice of Motion is allowed in terms of prayer (a), to be complied with within one week. 3 So far as the prayer (b) is concerned, as both the witnesses are senior citizens, being 74 and 77 years, and therefore, the Suit is expedited. 2 4 The parties to take steps accordingly. 5 The draft issues be exchanged accordingly. 6 Notice of Motion is accordingly allowed in terms of cla. (a) and (b). No costs. 7 The Suit is adjourned to 2.3.2010 for framing issues. (ANOOP V. MOHTA, J.)