1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.130 OF 2009 IN TESTAMENTARY PETITION NO.112 OF 2009 WITH TESTAMENTARY SUIT NO.37/2008 & 63/2007 Pradeep P.Shinde. ...Plaintiff. Vs. ShinduP.Shinde. ..Defendant. And The Indian Bank . ..Respondent. Mr. Vivek Midha for the Applicant./Plaintiff. CORAM : R.S. MOHITE, J. DATE : 18th June, 2010 PC : 1 This is a notice of motion taken out by the respondent in the petition for impounding of the will which has been filed by the petitioner in this court and for sending the same to the Handwriting Expert. A further prayer is sought for directions to the bank to hand over the sample signatures of the deceased and for stay of the suit till the time aforesaid procedures are completed. In my view, if the respondent wants to prove that will as forged document, it is open for him to obtain a zerox copy of the said will and send the same to the handwriting expert of his choice who can then be examined at the stage of evidence. Advocate states that if the liberty is granted he will not press this 2 notice of motion with liberty to the respondent to examine any witness of his choice to prove that will at the stage of evidence in such a manner as he thinks fit and proper. Notice of motion is disposed off. As regards the sample signatures the respondent will also at liberty to apply witness summons to the bank officer in question and for summons for production of documents according to law. TESTAMENTARY SUIT NO.37 OF 2008 WITH TESTAMENTARY SUIT NO.63 OF 2007 1 In both these matters, both the parties are directed tof ile their compilation of original documents and affidavit of documents within six weeks from today. Copies of the compilation and affidavit of documents to be given to the other side before the next date. Both the parties are directed to keep ready the draft issues and supply the same to each other . Parties are also directed to complete all the pre trial procedures such as discovery and inspection before the next date. S.O. to 30.8.2010 for framing of issues. (R.S. MOHITE, J.)