ash 1 caf-681.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.681 OF 2010 IN FIRST APPEAL NO.2340 OF 2007 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri R.M. Pethe for the Applicant. Shri R.S. Kate for the Respondent. -- CORAM : A.S.OKA, J. DATE : 21ST JUNE, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent, who seeks time to file reply. Learned counsel appearing for the Respondent states that the Applicant is relying upon a Will, the execution of which is being disputed by the Respondent and, therefore, he wants to file a reply. 2. Considering the facts of the case, time need not be granted. The Appellant Smt. Chaturabai G. Shah is the original Plaintiff. She filed a suit against the present ash 2 caf-681.10 Applicant and the Respondent who are her sons. The Respondent herein is the 1st Defendant and the applicant is the 2nd Defendant. 3. It is true that the Applicant is relying upon a Will executed by the original Plaintiff under which the Applicant claims that he is the legatee of the deceased in respect of the suit premises. Even assuming that the contention raised by the Respondent is correct, still the Applicant is one of the legal representatives of the deceased Appellant. In the circumstances, by keeping the issue of proof and validity of the Will open, this Application will have to be allowed. 4. Accordingly, the Application is allowed in terms of prayer clauses (a)(a), (bb) and (cc). Amendment to be carried out within a period of four weeks from today. Issue of execution and validity of the Will relied upon by the Applicant is kept open. (A.S.OKA, J)