1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1001 OF 1999 Master Sanjaykumar Nankuprasad Kewat. ...Plaintiff. Vs. Ramlal Zaga Kewat & Anr. ...Defendants. .... Mr.A. K. Tripathi i/b. A. K. Moily for the Plaintiff. Mr.Vishnu Doijode i/b. A. K. Singh for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 10, 2008. P.C.: The Plaintiff was a minor on the date of the institution of the suit, but has since attained majority. The Plaintiff claims to be the adopted son of Fulrajidevi Nankuprasad Kewat, who has since expired. The First Defendant is the younger brother of deceased Fulrajidevi. Fulrajidevi's husband, Nankuprasad expired on 6th June 1999 and left behind him, both movable and immovable properties. There was Savings Bank Account bearing No.28927 jointly held by Nankuprasad with Fulrajidevi in the Central Bank of India in the Ghatkopar (West), Branch. Fulrajidevi is stated, in the year 1985, to have held jointly together with her elder brother, Manilal, a Money 2 Multiplier Deposit (bearing No.508417) which matured on 16th June 1992. The deposit was renewed and was due for maturity on 21st January 1999. Fulrajidevi had no child out of her marriage to the deceased with Nankuprasad and adopted the Plaintiff by a Deed of Adoption dated 29th December 1989 which has been duly registered. Fulrajidevi is alleged to have executed a Will on 29th December 1989. Fulrajidevi expired on 3rd November 1997. The suit has been instituted in which it has been alleged that the name of the First Defendant has been inserted in the Deposit Certificate with the Central Bank of India and that the maturity value of Rs.50,820/- together with interest accrued thereon will be given to the First Defendant and not to the Plaintiff. The First Defendant claims to be the beneficiary of the entire estate of the deceased Fulrajidevi under her last will and testament. The case of the Plaintiff is that the First Defendant is not entitled to any rights in the estate of the deceased Fulrajidevi. During the pendency of the suit, an ad-interim injunction was granted on 25th January 1999, restraining the First Defendant from claiming under the Deposit Certificate bearing No.J-7070473 dated 21st January 1993 for an amount of Rs.50,820/- with interest 3 accrued thereon. The Notice of Motion was made absolute on 12th January 2001. The First Defendant was served with the writ of Summons and had engaged the services of an Advocate. No Written Statement has, however, been filed. Counsel appearing on behalf of the First Defendant states that no instructions have been forthcoming. The Plaintiff has filed his affidavit in lieu of Examination-in- Chief together with the original documents. There has been no cross- examination of the Plaintiff. The claim of the Plaintiff has been duly established on the basis of the evidence on the record. In the circumstances, the suit shall stand decreed in terms of prayer clauses (a), (b) and (c ). .....