mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 38 OF 2010 IN TESTAMENTARY SUIT NO. 31 OF 2010 IN TESTAMENTARY PETITION NO.123 OF 1993 Ramesh Mahipatram Dave & Anr. ...Plaintiffs Vs. Smt. Kokilaben Madhusudan Yagnik & Anr. ...Defendants Ms. Shah i/b. Akshar Law, Advocate for Plaintiffs Mr. Rakesh Dave i/b. N.N. Vaishnawa & Co., Advocate for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 1ST SEPTEMBER, 2010 P.C. : 1. By consent the Testamentary Suit is expedited. 2. The affidavit in support of the Caveat has been filed since 8th June 1993. I S S U E S 1. Whether the Will dated 17th August 1989 has been validly executed by the deceased Muktaben Laxmishankar Yagnik. 2. Whether the Will dated 17th August 1989 was procured under undue influence practiced upon the deceased whilst she was not in a sound state of health. 3. What relief, if any, are the Plaintiffs entitled to ? 3. The Plaintiffs shall file their affidavit of examination-in-chief and/or the affidavit of examination-in-chief of their witnesses. 4. The Plaintiffs shall also file the affidavit of documents, if any. 5. The admissibility and relevancy of the documents shall be considered on the next date of hearing. 6. The Suit is adjourned to 23rd September 2010. (SMT. ROSHAN DALVI, J.)