IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.104 OF 2008 IN NOTICE OF MOTION NO.65 OF 2008 IN TESTAMENTARY SUIT NO.47 OF 2008 IN TESTAMENTARY PETITION NO.792 OF 2007 Miss.Chandrakanta Vadilal Shah .. Deceased Bhupendra Muljibhai Shah .. Petitioner Vs. Mr.Kirit Prabhudas Mehta & Ors. .. Caveators/ Respondents Mr.B.M.Shah the petitioner-in-person. Ms.Kavita Shah i/by Mr.A.G.Shah for the respondent nos.1 and 2. Mr.U.J.Makhija i/by Shantilal & Co for the respondent no.3. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard the petitioner appearing in person. I have also heard the learned counsel appearing for the 1st and 2nd respondents as well as the learned counsel appearing for the 3rd respondent. 2. The Notice of Motion No.65 of 2008 taken out by the petitioner appearing in person is pending for hearing in this Court. The main prayer in the said 2 Notice of Motion is for dismissal of the caveat filed in the Testamentary Petition No.792 of 2007. 3. In so far as the first prayer in this Chamber Summons is concerned, the learned counsel appearing for the 1st and 2nd respondent states that the said respondents are ready and willing to deposit with this Court the original probate granted in Testamentary Petition No.956 of 2007. The said statement is accepted. 4. In so far as the second prayer is concerned, I find that the record of the concerned Notice of Motion is very much before the Court. 5. By the third prayer, the petitioner appearing in person wants to raise a preliminary issue as regards maintainability of the caveat. The said issue will have to be considered while deciding Notice of Motion No.65 of 2008. 6. So far as the fourth prayer is concerned, the question whether the petitioner is entitled to a copy of the report or not cannot be considered unless the said report is perused by the Court. Therefore, a direction 3 will have to be issued to the registry to produce the report, if any, in a sealed envelope at the time of hearing of Notice of Motion No.65 of 2008. Whether the said report is relevant for deciding the Notice of Motion No.65 of 2008 will have to be considered when the report, if any, is produced at the time of hearing of the said Notice of Motion. 7. Hence, the Chamber Summons is disposed of by passing following order: (i) The 1st and 2nd respondents are directed to deposit with the Registrar (O.S.) the probate granted in Testamentary Petition No.956 of 2007. The probate will be deposited in this Court on or before 10th November 2008. As the said probate has been already revoked, it is obvious that the same cannot be acted upon. (ii) The record of Notice of Motion No.54 of 2008 shall be kept alongwith record of Notice of Motion No.65 of 2008. (iii) The issue raised by the third prayer in 4 this Chamber Summons is kept open which will be considered at the time of hearing of Notice of Motion No.65 of 2008. (iv) The report, if any, referred to in the fourth prayer shall be produced before this Court in a sealed envelope at the time of hearing of Notice of Motion No.65 of 2008. (v) The Chamber Summons is disposed of in above terms. (vi) Notice of Motion No.65 of 2008 shall be fixed for hearing on 21st November 2008. (A.S.Oka,J)