- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi TESTAMENTARY SUIT NO.40 OF 2002 IN TESTAMENTARY PETITION NO.916 OF 1998. Madhuri Chandrakant Desai. ..Plaintiff. vs. Mrs.Nita Nilesh Desai. ..Defendant/ Caveator. .... Ms. S.H. Dalal, for Plaintiff. Mr.Shashank Fedia, i/b. N.B. Fadia, for Defendant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 2ND APRIL, 2009 : 2ND APRIL, 2009 : 2ND APRIL, 2009. P.C.: P.C.: P.C.: . Originally, this petition was filed by the petitioner for the following reliefs :- "The petitioner therefore, prays that the Probate of the Will with 5 Codicils may be granted to the petitioners having effect through out the Union of India and the petitioners reserves the right of the other 2 sons of the deceased and the executor named in the said Will dated 28th May 1993, i.e. Kiran Chandrakant Desai and Vijay Chandrakant Desai, sons of the deceased by the first wife late Sushila Chandrakant Desai." 2. Since theplaintiff had initially sought the Probate, of the Will and 5 Codicils, a caveat was filed by the defendant-caveatrix, who had no objection to the Probate being granted to the Will but had objection to - 2 - the Probate being granted in respect of the Codicils. The learned Advocate for the plaintiff/petitioner states that the petitioner is restricting her prayers/reliefs in the petition/suit only to the extent of grant of Probate of the Will of the deceased dated 28th May 1993 and is not seeking Probate in respect of any of the 5 Codicils. 3. In view thereof, the learned Advocate appearin for the Caveatrix states that he has no objection if the Probate in respect of the Will is granted to the petitioner in respect of the Will dated 28th May 1993. 4. In view thereof, I pass the following order :- The Probate of the Will of the deceased Chandrakant Vithalal Desai dated 28th May 1993 be granted to the petitioner having effect through out the Union of India. 5. In view of the above, the petition/suit stands disposed of with no order as to costs. - 3 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]