1 ch-summons-88-100 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.88 of 2010 IN Suit No.66 of 2010 IN Petition No.346 of 2010 Mrs. Quarobina Santan Barretto .. .. Plaintiff v/s. Ms.Tereza Gonsalves .. .. Defendant WITH Chamber Summons No.100 of 2010 IN Suit No.66 of 2010 IN Petition No.346 of 2010 Mrs. Quarobina Santan Barretto .. .. Plaintiff v/s. Mr.Joao Jose Ferrao .. .. Defendant Mr.Denzil D. D Mello for Plff. Mr.Sanjay Deshpande for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 7th September, 2010 2 ch-summons-88-100 P.C. : 1.Chamber Summons No.110 of 2010 is granted in terms of prayer(a). The Applicant in the Chamber Summons shall file the Caveat, if any, within one week. The Applicant in the Chamber Summons shall file the Affidavit in support of the Caveat within two weeks. The Caveat has already been filed by one Tereza Gonsalves, who is shown to be the Defendant in the above Chamber Summons No.88 of 2010. 2.The following issues are framed: (1)Whether the last Will and Testament of the deceased dated 20th August 2008 is validly executed. (2)Whether the last Will and Testament of the deceased dated 20th August 2008 is forged. (3)What relief, if any, is the Plaintiff entitled to? 3.The Plaintiff shall file her Affidavit of examination- -in-chief of the other witnesses as required. The Plaintiff shall also file the Affidavit of documents, if any. 4.The Defendants have propounded another Will which is 3 ch-summons-88-100 the earlier Will of the deceased dated 19th September 1995. It is only if the Will dated 20th August 2008 is declared to be forged that the Will dated 19th September 1995 would be required to be considered. Hence the above suit shall have to proceed before the petition filed by the Defendants herein being Testamentary Petition No.749 of 2009 and converted in Testamentary Suit No.105 of 2009. At present, Suit No. 105 of 2009 shall be placed immediately after the above suit. 5.The suit is adjourned to 28th September 2010. 6.Both the Chamber Summonses are disposed of accordingly. (SMT.ROSHAN DALVI, J.)