1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.138 OF 2008 IN TESTAMENTARY PETITION LOD.NO.836 OF 2008 Aditya Shyam Chitale .. Petitioner Mr.P.Gunwani i/b.Soloman & Co. for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 21st November 2008 P.C. . Mr.Gunwani appearing for petitioners states that the copy of the motion is duly served on the respondents and at his request, one week’s time is granted to file affidavit of service. 2. Perused the motion and the affidavit in support. I am satisfied that the executor will have to meet the expenses quantified in para 7 of the affidavit in support before he proceeds to obtain probate of the will of the deceased Cyrus 2 Mistry. In such circumstances and without prejudice to the rights and contentions of both sides, this motion is made absolute in terms of prayer clause (a). No costs. All concerned to act on an authenticated copy of this order. However, authenticated copy will be released only after the affidavit proving service is filed within the time stipulated. (S.C.Dharmadhikari, J)