1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.88 OF 2009 IN TESTAMENTARY PETITION NO.1005 OF 2008 Madhukanta Bhagvandas Shah ..Petitioner. Vs. Vimla Harkishandas Shah and others ..Caveators. And Devendra Joshi ..Respondent. .... Ms S.G. Parikh i/b Shukla & Shukla for the Petitioner. Mr. V. Mhatre i/b Doijode Associates for Caveators. Mr. Devendra Joshi – Attesting witness – Respondent to the Chamber Summons present in person. .... CORAM : DR. D.Y. CHANDRACHUD, J. 25th September, 2009. P.C. : Upon a caveat being filed, the Testamentary Petition has been converted into a suit. The Chamber Summons seeks a direction for the issuance of a witness summons to Mr. Devendra Joshi, advocate calling upon him to file an affidavit as an attesting witness to the will of the deceased, Lilavanti Shah. Mr.Devendra Joshi who is a Respondent to the 2 Chamber Summons has appeared in person. There is merit in the contention of the Respondent that the Petitioner cannot compel the Respondent to file an affidavit. In the circumstances, counsel appearing on behalf of the Petitioner states that the Petitioner would take out necessary proceedings for the issuance of a witness summons to Mr.Devendra Joshi in the suit. In view of the aforesaid statement, nothing further survives in the Chamber Summons which is accordingly disposed of as withdrawn. *****