* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 119 OF 2009 W I T H NOTICE OF MOTION NO. 120 OF 2009 IN TESTAMENTARY SUIT NO. 39 OF 2008 IN TESTAMENTARY PETITION NO. 239 OF 2008 Shailesh Navinchandra Damani .......Plaintiff V/S. Smt.Saroj Chandulal Ambani & Ors. ........Defendant ---------- Mr.Tejas Vora a/w. Mr.D.R.Mishra-adv.for plaintiff to oppose. Mr.R.R.Tiwari, in support of N/M.No.119 of 2009-defendant in N/M.120-09. Coram : S.C.Dharmadhikari, J. Dated : 4 th November, 2009. P.C. : 1. Heard. 2. Considering the fact that the caveators are claiming to be senior citizens, hearing of the suit is expedited. * 2 * 3. It is not possible to reject the suit itself at this stage, as prayed, in the light of the contents of the affidavit-in-support. These are contested matters and only on trial, this court can determine whether the claim is barred as contented. 4. As far as prayer clause (c) of the Notice of Motion is concerned, the request in that behalf can be considered at the hearing of the suit. With these clarifications and observations, Notice of Motion No. 119 of 2009 is disposed off. 5. Notice of Motion No.120 of 2009 to be heard alongwith the Suit. (S.C.Dharmadhikari, J)