1 906-nmt-28-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.28 OF 2011 IN TESTAMENTARY SUIT NO.27 OF 2007 IN TESTAMENTARY PETITION NO.26 OF 2007 Sadhana K. Desai .. Plaintiff/ Petitioner. V/s. Nitin C. Gothi & Another .. Defendants/ Respondents. Ms. Sneha Phene a/w. Ms. Christine Rewrie a/w. Mr. A.B. Shrikhande, for the Plaintiff / Petitioners. Mr. P. P. Kakade, for Defendants/ Respondents. CORAM : SMT. R.S.DALVI, J. DATE : 10th June, 2011. P.C.: 1 This Notice of Motion is taken out by the Respondents for taking a report of a hand writing expert on record and for examining him as an expert witness. It is the case of the Respondents in para 3 of the affidavit in support of the notice of motion that they have genuine doubt about the signature of their late father. The case made out is, therefore, of forgery in the affidavit in support of this notice of 2 906-nmt-28-11.sxw motion. 2 However, the Respondent's case in the affidavit in support of caveat is that his late father was made to execute the Will under the duress and force exercised by the Plaintiff for her own benefit. 3 The contention that the Will is forged is completely contrary to the case of the Respondents in the Petition that the Will was executed by the testator under duress. Hence, notice of motion is dismissed. (R.S.DALVI, J.)