1 TS.36/07-TP.4/06 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 36 OF 2007 IN TESTAMENTARY PETITION NO.4 OF 2006 Prakash Kisandas Ahuja ...Petitioner Vs. Sunil Manohar Ahuja & Anr. ...Respondents/ Caveators Mr. Piyush M. Shah for Petitioner CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH DECEMBER, 2010 P.C. : 1. The Plaintiff has applied for probate of the last Will and Testament of one Parwati K. Ahuja. Since the Caveat has been filed the Probate Petition has been converted into Testamentary Suit. The Caveators have failed to appear at the hearing of the suit. 2. Following issues are framed on 9th December 2009 and are answered as follows: ISSUES FINDINGS 1. Whether Petitioner proves that the deceased Parvati Kisandas Ahuja has duly executed her last Will and Testament dated 25.12.1994. Yes 2. Whether the Respondents/Caveators, prove that signature of the deceased Parvati forged by the Petitioner. No 2 TS.36/07-TP.4/06 3. What order ? As per final order 3. The affidavit of examination-in-chief of the Plaintiff as well as of the attesting witnesses are filed. The affidavit of documents of Plaintiff is also filed. The admissibility of the documents has been considered on 24th August 2010. 4. The Plaintiff was directed to give notice to the Advocate of the Caveators. Such notice has been given and yet the Caveators have failed to appear on the next date of hearing, which was on 28th September 2010. Hence this suit has been kept for Ex- parte decree. 5. The averments in the affidavit or examination-in-chief as well as the affidavit of attesting witnesses are not controvorted. These affidavits make out the execution of a valid Will. 6. Consequently, issue No.1 is answered in the affirmative and issue No.2 is answered in the negative. 7. The suit is accordingly decreed as prayed. 8. Probate shall be issued in accordance with law. 9. Drawn up decree is dispensed with. (SMT. ROSHAN DALVI, J.)