FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION T. NO.52 OF 2008 IN TP/81/1991 WITH TS/14/1991 TP/81/1991 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Z.A.Jariwala, for the plaintiff. Ms. S.V.Malvankar, for the defendant. CORAM: D.B.Bhosale,J. DATED: 11.06.2008. P.C.: Heard learned counsel for the parties. This Notice of Motion is taken out by the plaintiff seeking deletion of Issue nos (ii),(iii) and (iv) framed vide order dated 17.12.2007. The issues framed on 17.12.2007 read thus: (i) Does plaintiff prove that Sitabai Gangadhar Kamat, left a writing which is her last Will and Testament dated 23rd August,1991? (ii) Does defendant prove that Sitabai Gangadhar Kamat, the deceased had no right to bequeath flat nos 4 & 6 as stated in para five of affidavit dated 8th May,1991? (iii) Does defendant prove that properties movable and immovable are owned by M/s G.Y.Kamat and Company and,therefore, cannot be bequeathed by deceased Sitabai Gangadhar Kamat? (iv) Does defendant prove that defendant’s gold ornaments and jewellery has been bequeathed by deceased Sitabai Gangadhar Kamat in her last will and Testament? (v) What relief? From bear reading of Issue nos (ii), (iii) and (iv), it is clear that in the instant proceedings the court cannot enter into a controversy, as reflected in these Issues and this position of law has not been disputed by the learned counsel for the defendant. She, however, submitted that the following additional Issues may be framed, to which learned counsel for the plaintiff did not seriously opposed. (i) "Whether the petitioner proves the Will of Sitabai Gangadhar Kamat as genuine and legal? (ii) Whether the petitioner proves that the Will of deceased Smt Sitaram Gangadhar Kamat is in her hand writing? Thus, in addition to the Issue nos (i) and (v), which were framed vide order dated 17.12.2007, the aforesaid two Issues are framed to be addressed in the present case. Issue Nos (ii), (iii) and (iv) are deleted. The Notice of Motion is disposed of. (D.B.Bhosale, J.)