1 TS.35/1993-TP.221/1993 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 35 OF 1993 IN TESTAMENTARY PETITION NO.221 OF 1993 Shubha S. Gupta ...Plaintiff/Petitioner Vs. Pradeep S. Gadag ...Defendant/Caveator None for the parties. CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH OCTOBER, 2010 P.C. : 1. The Plaintiff/Petitioner is the daughter of the deceased. The Plaintiff has probated the Will of the deceased dated 1st September 1984 upon the service of the citation. The caveat came to be filed by one Pradeep S. Gadag. After his death his heirs have been brought on record as Defendants/Caveators. 2. The present Defendants/Caveators have have never appeared in a Testamentary Suit on number of dates. 3. The Plaintiff has tendered her examination-in-chief setting out her relation between herself and her mother as also with the original 2 TS.35/1993-TP.221/1993 Defendant/Caveator. The averments in her affidavit have remained un- controverted as the Defendants/Caveators remained absent on number of dates in the suit. 4. The Plaintiff / Petitioner has also filed the affidavit of attesting witness which has remained un-controverted. The copies of these affidavits have been sought to be served by registered post. They have not been claimed by the present Defendants/Caveators. Under these circumstances the Plaintiff/Petitioner is entitled to the probate of the Will of her mother Tara Shriniwas Gadag. 5. The suit is made absolute as prayed. 6. The Petitioner shall be issued probate. 7. Drawn-up order is dispensed with. (SMT. ROSHAN DALVI, J.)