1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NMT/2/2010 IN TESTAMENTARY SUIT NO. 62 OF 2009 IN TESTAMENTARY PETITION NO.1005 OF 2008 Madhukanta Bhagwandas Shah ...Plaintiff Vs. Smt.Vimla Harkishandas Shah & ors. ...Defendants. Miss S.G. Parikh i/by M/s.Shukla & Shukla for the Plaintiff. Mr. K. G. Mhane i/b. Doijode Associates for the Defendant/caveator. CORAM :- ANOOP V. MOHTA, J. DATED :- 23rd February, 2010. P.C.- 1 The attesting witness Mr.Devendra G. Joshi is of 72 years old. Therefore, the submission is that the matter be expedited to avoid further complication and as he is the only witness available in India. The other witness has already left India. 2 Considering this at this stage, I am inclined to expedite the Suit/proceeding. However, the plaintiff/petitioner to take further steps to expedite the proceedings by filing affidavit of documents, notice to admit the documents, exchange the draft issues and to consider to appoint 2 Commissioner to record evidence. 3 Notice of Motion is accordingly allowed to the above extent. Suit is expedited. 3 Suit is adjourned to 23.03.2010. (ANOOP V. MOHTA, J.)