1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 139 OF 2009 IN TESTAMENTARY SUIT NO. 29 OF 2004 IN TESTAMENTARY PETITION NO.116 OF 2001 Vrajeshkumar P. Morarji and Anr. ...Plaintiffs Vs. Damayanti D. Sampat and Ors. ....Defendants ----- Mr.Girish Desai i/b. Mr.Pankaj S. Shah for Plaintiffs Ms. Vaishali Choudhari for Defendant Nos.1 to 4. ----- CORAM: V.M. KANADE J. DATED: 3RD MAY, 2010 P.C. 1. This is an application for speaking to the minutes of the order dated 8th January, 2010. 2. It is submitted that paragraph no.9 may be modified since the direction given in the paragraph is contrary to what is stated in paragraph Nos.4 and 5. 3. The learned Counsel for the Defendants submits that in paragraphs 4 and 5, the word 'payer clause 2 (b)' may be deleted since the subject matter of this Testamentary suit is in respect of alleged Will executed on 13.10.1975. Whereas prayer clause (b) is in respect of Will executed on 9.12.1975 which is the subject matter of the Testamentary Suit No.28 of 2004. 4. Accordingly, in paragraph Nos.4 and 5, the word 'prayer clause (b)' is deleted. Order is accordingly modified. Parties may approach the Prothonotary and Senior Master for returnable date. (V.M. KANADE J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 138 OF 2009 IN TESTAMENTARY SUIT NO. 28 OF 2004 IN TESTAMENTARY PETITION NO.115 OF 2001 Vrajeshkumar P. Morarji and Anr. ...Plaintiffs Vs. Damayanti D. Sampat and Ors. ....Defendants ----- Mr.Girish Desai i/b. Mr.Pankaj S. Shah for Plaintiffs Ms. Vaishali Choudhari for Defendant Nos.1 to 4. ----- CORAM: V.M. KANADE J. DATED: 3RD MAY, 2010 P.C. 1. This is an application for speaking to the minutes of the order dated 8th January, 2010. 2. It is submitted that paragraph no.9 may be modified since the direction given in the paragraph is contrary to what is stated in paragraph Nos.4 and 5. 3. The learned Counsel for the Defendants submits 4 that in paragraphs 4 and 5, the word 'payer clause (c)' may be deleted since the subject matter of this Testamentary suit is in respect of alleged Will executed on 9.12.1975. Whereas prayer clause (c) is in respect of Will executed on 13.10.1975 which is the subject matter of the Testamentary Suit No.28 of 2004. 4. Accordingly, in paragraph Nos.4 and 5, the word 'prayer clause (c)' is deleted. Order is accordingly modified. Parties may approach the Prothonotary and Senior Master for returnable date. (V.M. KANADE J.) 5