: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.73 OF 2008 IN TESTAMENTARY SUIT NO.7 OF 1998 IN TESTAMENTARY PETITION NO.719 OF 1995 Smt.Malati J. Tejam ....Plaintiff ....Petitioner V/s. Dr.Balkrishna M. Tejam & Ors. ....Defendants ....Respondents Mr.N.M. Ganguli for the Plaintiff. Mr.Milind Parab for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 18TH JULY, 2008. P.C. : 1. Mr.Ganguli, the learned counsel appearing on behalf of the Plaintiff undertakes to file affidavit of service within one week from today. 2. The Plaintiff seeks an order directing Respondent No.3 to produce the alleged Will of the deceased dated 24.9.1992. The Plaintiff has propounded another Will of which the probate is sought. If Respondent No.2 contends that there is another Will dated 24.9.1992, it is for Respondent No.2 to establish the same. : 2 : 3. In the circumstances, prayer (a) rejected. 4. Respondent No.3 has been ordered to be impleaded by an order dated 26.8.2004 in the Chamber Summons taken out by Respondent No.2. There is no warrant for revoking that order. 5. The parties have agreed to have the evidence recorded on commission. Mr.Vishal Kanade, an advocate of this Court is appointed as a Commissioner for recording evidence. The parties are at liberty to cross-examine the witnesses subject to their objections, if any, which shall also be recorded by the Commissioner. 6. The costs of the Commissioner shall be paid by the Plaintiff and the Respondent No.2 equally in the first instance but subject to the orders at the hearing of the suit.