IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 43 OF 2008 CHAMBER SUMMONS NO. 43 OF 2008 CHAMBER SUMMONS NO. 43 OF 2008 IN IN IN TESTAMENTARY SUIT NO. 29 OF 2006 TESTAMENTARY SUIT NO. 29 OF 2006 TESTAMENTARY SUIT NO. 29 OF 2006 WITH WITH WITH TESTAMENTARY PETITION NO. 180 OF 2006 TESTAMENTARY PETITION NO. 180 OF 2006 TESTAMENTARY PETITION NO. 180 OF 2006 Smt.Vimal Govind Karlekar alias Shalini Govind Karlekar ...Petitioner/ Plaintiff vs. Shri Atul Gajanan Karve & Ors. ...Caveators/ Defendants and Shri Prasan N. Tolia ...Respondent Mr.G.R. Mehta for the Plaintiffs. Ms.Lata Desai i/b. M/s.Ashwinikumar & Co. for Defendant No.1/Applicant. Ms.S. Mhatre for Defendant Nos.5 and 6. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 17, 2008 DATED : SEPTEMBER 17, 2008 DATED : SEPTEMBER 17, 2008 P.C. :- P.C. :- P.C. :- 1. This chamber summons is taken out by the defendant no.1 seeking the following reliefs :- a) That the original Notarial Register maintained by the Respondent Notary containing the Signature affixed by the Deceased Leelabai - 2 - Dattatray Karlekar at the time of the execution and attestation of Will dated 20th May 1997, be called for and carefully preserved under the directions of this Hon’ble Court. b) That the Defendant No.1 be permitted to take adequate number of attested true copies of the entire extract of the entry regarding execution of the Will by the Deceased from the Notarial Register as aforesaid, for careful preservation under the directions of this Hon’ble Court. c) that the hand-writing experts viz. Shri Haresh T. Gajjar and Shri Anil Mathur engaged by the Defendant No.1 herein be permitted to inspect and examine the Deceased person’s signature in the Notarial record as aforesaid, with necessary optical and other instruments. d) that the hand-writing experts viz. Shri Haresh T. Gajjar and Shri Anil Mathur engaged - 3 - by the Defendant No.1 herein be permitted to take necessary photographs of the Deceased person’s signature from the abovesaid Notarial records. e) for costs. f) for such further and other reliefs as the nature and circumstances of the case may require. 2. Heard defendant no.1 in person and Counsel for the plaintiff. In my view, it would be appropriate if the notarial register maintained by the respondent Notary is tendered in this Court and is preserved by the Prothonotary and Senior Master and the defendant no.1 is permitted to take an attested true copies of the entire extract of the entry regarding execution of the Will of the deceased from the said register. 3. Chamber Summons is allowed in terms of prayer clauses (a) and (b) and is disposed of. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)