: 1 : NMT-59-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.59 OF 2011 IN TESTAMENTARY SUIT NO.91 OF 2008 IN TESTAMENTARY PETITION NO. 98 OF 1993 Sitaram Anant Karambelkar .. Deceased Smt. Vijaya Arun Karambelkar .. Petitioner v/s. Mrs. Mangal Suresh Thakur .. Defendant/ Caveator ......... Mr. M.W. Padgaonkar with Shailesh Kumar for the plaintiff in support of NMS Ms. Manasi Sawant i/b Niranjan & Co. for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 3rd MAY, 2011 P.C. : 1. Heard learned Counsel on both sides. Learned Counsel for the defendant records her no objection for granting the motion. Hence, following order is passed to dispose of the motion. ORDER (i) Motion is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. : 2 : NMT-59-11=.doc (ii) It is seen that Will said to be executed by the deceased by way of last Will and Testament is covered by Suit No.31 of 2009. Hence, that suit will have to be tried first. Suit 91 of 2008 as well as Suit No.31 of 2009 stands adjourned to 30th June, 2011. Parties to file evidence of documents. Plaintiff in Suit No.31 of 2009 to file evidence affidavit and compilation of documents of its first witness directly in the Court on 30th June, 2011. Serve copy of the same upon advocate for the defendant in the said suit on or before 23rd June, 2011. Adjourned to 30th June, 2011 for recording of evidence. (R.Y.GANOO, J.)