skt/- 1 ts.767.02 tp 68.03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 68 OF 2003 IN TESTAMENTARY PETITION NO. 767 OF 2002 Smt.Vandana Dinanath Dalvi ... Plaintiff Vs. Mahadeo Gavankar ... Defendant ...... Mr.B.G.Saraf for the Plaintiff. None present for the Defendant. ...... CORAM : SMT.ROSHAN DALVI, J. DATE : 27th JULY, 2010. P.C. 1 The defendant did not appear on a number of dates of hearing. The defendant as well his advocate have been given notice of today’s date of hearing through courier service. The plaintiff’s affidavit of examination-in-chief as well as affidavit of documents have been filed. The service of the petition has been seen as per the affidavit dated 9th April 2009, earlier filed. The averments in the plaintiff’s affidavit of examination-in-chief are not denied. The case of the Caveator is not made out. The affidavit of plaintiff/petitioner shows the execution of the Will as also the fact that the deceased was keeping good health. The affidavit of the attesting witness shows that the Testator was mentally skt/- 2 ts.767.02 tp 68.03.sxw sound. This statement is not denied. The Will must be taken to be proved. Consequently, the Issue nos. 1 & 2 are answered in the affirmative. There is no evidence oral or documentary, produced by the Caveator/defendant to show that the deceased was not in a sound and disposing state of mind. Upon the statement in the affidavit of the petitioner, that the deceased was in good health, not being controverted, Issue No.3 is also answered in the affirmative. There is no evidence produced by the Caveator/defendant of the fraud or undue influence practiced upon deceased. Hence, issue no.4 is answered in negative. 2 Hence, the petitioner is entitled to be issued letters of administration of last Will and testamentary of the deceased Dr.Malini S. Karkal, dated 19th February 2000. 3 Order accordingly. 4 The suit is disposed of accordingly. 5 The documents produced by the plaintiff/petitioner are marked Exh.’A’ colly. The original documents shall be returned to the plaintiff/petitioner upon production of xerox copies thereof. Drawn up order shall be dispensed with. [SMT.ROSHAN DALVI, J.] skt/- 3 ts.767.02 tp 68.03.sxw