FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.37 OF 1989 IN TESTAMENTARY PETITION NO.257 OF 1988 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Ms Sheetal S Shah i/b Mehta and Girdharlal for the petitioner/plaintiff. CORAM: D.B.Bhosale,J. DATED: 31.3.2008 P.C.: Heard learned counsel for the petitioner/plaintiff. The petitioner seeks Probate of the Last Will and Testament dated 16.9.1973 executed by Shantilal Khushaldas Gosalia alias Shantilal K.Gosalia alias S.K.Gosalia of Margao, Goa. The petition was opposed by the sole caveator/defendant Vinodkumar Shantilal Gosalia. He had filed a caveat and affidavit-in- support thereof and in view thereof the probate petition was converted into Suit No.37 of 1989. The plaintiff/petitioner had taken out a Chamber Summons No.17 of 208 seeking to dismiss the Caveat dated 3.2.1989 filed by Vinodkumar Gosalia on the ground that there is a settlement between the parties pursuant to the oral Agreement dated 11.12.1996, to which Vinodkumar Gosalia is one of the parties. The Chamber Summons was made absolute in terms of prayer clause (a) vide order dated 13.3.2008. In view thereof, the probate petition/suit has remained uncontested. In the circumstances, this petition is allowed in terms of the prayers made in the petition. The Testamentary Department is directed to issue Probate expeditiously. (D.B.Bhosale, J.)