mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 28 OF 2010 IN MISC. PETITION NO. 29 OF 2007 IN TESTAMENTARY PETITION NO.844 OF 1997 Faiyaz Ahmed Ajmatulla Shaikh ...Petitioner Vs. Zubedabi Wd/o. Mohammed Arif & Ors. ...Respondents Mr. Pradip Kadam, Advocate for Petitioner Mr. S.P. Thorat, Advocate for Respondents CORAM : SMT. ROSHAN DALVI, J. DATED : 9TH SEPTEMBER, 2010 P.C. : 1. A probate has been obtained by the Respondents in the Miscellaneous Petition. That Petition is for revocation of the probate. Case for revocation has to be made out in accordance with law. That case has to be argued before the Court. 2. In the Notice of Motion the Petitioner seeks to file affidavit of examination- in-chief and the original documents. That is unnecessary and incorrect procedure. No affidavit of examination-in-chief is required to be filed in Miscellaneous Petition. Certain orders in Miscellaneous Petition are required to be set aside and the Petitioner be heard on merits after filing the affidavit of examination-in-chief and documents. 3. There are two Wills sought to be propounded by two parties. One Will has been probated. Letters of Administration has been issued. The Miscellaneous Petition shall have to be first heard before which further orders can be passed, if both parties desire a right of hearing. 4. In order to give opportunity to both parties on that behalf, the previous orders in the Miscellaneous Petition are set aside. 5. The Miscellaneous Petition is kept for the last time on board of this Court for being heard on merits on 22nd September 2010. 6. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)