1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.5 OF 1995 IN TESTAMENTARY PETITION NO. 683 OF 1994 Hewald Adrin Dias of Bombay Christian Inhabitant, residing at House No.23/C, Gundavli at Sir M. V. Road, Andheri (E), Bombay 400001 the executor named under the Last Will and Testament of the deceased. Plaintiff/petitioner vs. Mrs.Jeanette Mary Pereira, of Bombay Indian Inhabitant residing at Flat No.6, New Greenfields Co-operative Housing Society Ltd., 2nd Floor, Plot No.61, 5th Road, T.P.S. Road No.IV, Bandra (West), Bombay 400 050. Caveator Mr. D. D’mello for the Plaintiff/petitioner. None for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 3rd November, 2009. ORAL JUDGMENT: 1 This is a Petition for Probate of Last Will and Testament of deceased “Lawrence Gabriel Dias” (Indian Christian). 2 The plaintiff/petitioner is the only son of the deceased. 3 The caveator/defendant is the only daughter of the deceased and sister of the plaintiff/petitioner. 2 4 As objection was raised/filed by the defendant, the Petition was converted into the Suit. 5 None appears for the defendant/respondent inspite of service of court notice also, as earlier Advocate got discharge from the matter. There is a court service report on record. 6 This Court had directed the plaintiff/petitioner to file affidavit of evidence in support of the petition which is on record dated 28.04.2009 filed on 6.10.09. The plaintiff/petitioner has served this affidavit also on the caveator. Still there is no response/reply from the defendant/sister. Affidavit of service dated 7.10.2009 is also part of the record. The petitioner has filed an affidavit of documents dated 28.04.09 filed on 29.09.2009 and compilation of documents dated 28.04.09 filed on 6.10.2009. 7 In view of above, there is no contest as defendant/caveator has failed to support the objection so raised. 8 The learned counsel appearing for the petitioner/plaintiff makes statement that the `Will’ is well within the frame work of law and the record. 9 Considering the averments made in the petition and also the contents of the Will and as there is no opposition, I am inclined to allow the Petition in view of un-controverted position on record. 3 9 Resultantly, the Objection/Caveat is rejected. The Testamentary Petition is allowed, with liberty. The Office to proceed in accordance with law. (ANOOP V. MOHTA, J.)