1 NMT35.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 35 OF 2010 IN TESTAMENTARY SUIT NO. 32 OF 1998 IN TESTAMENTARY PETITION NO. 181 OF 1998 Ms. Khorshed Gustad Sadri. ... Plaintiff. V/s. Parvez Rustom Nekoo. ... Defendant. And Xerxes Pervez Nekoo. ... Respondent. Mr. P.A. Kabadi i/b. Doijode Associates for the Plaintiff and Applicant support of the NM. None for the Respondent. CORAM : R.Y. GANOO, J. DATED : 6th AUGUST 2010. P.C. :- None for the Respondent though served. Office remarks shows that affidavit proving substituted service is filed. Hence, I take it that the Respondent is served. 2. Heard learned Counsel for the Plaintiff. The Plaintiff has taken out this Motion for bringing Respondent on record in his capacity as heir of Caveator. The Motion is required to be granted. 2 NMT35.10.sxw 3. Hence, following order is passed :- (i) The Motion is made absolute in terms of prayer clauses (a) and (c). (ii) The Respondent now be shown as Caveator (Defendant). (iii) The Plaintiff to serve copy of the Petition upon present Respondent who will be shown as Defendant within a period of three weeks from today by R.P.A.D. (iv) Adjourned to 9th September 2010 for directions. (R.Y. GANOO, J.)