Chandrakant Baban Mungekar Mungekar vs. 1. Sambhaji B.Mungekar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

TESTAMENTARY SUIT NO.88 OF 2002 IN TESTAMENTARY PETITION NO. 591 OF 2002

Baban Sahadev Mungekar ...Deceased

Chandrakant Baban Mungekar ...Plaintiff/Petitioner Vs. Sambhaji B. Mungekar & Ors. ...Defendants

Plaintiff /Petitioner present in person Mr. Santosh Shetye, Advocate i/b. Trupti P. Rangnekar for Defendants

CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST JULY, 2010

P.C. :

1. The Plaintiff has filed his affidavit of examinationinchief. It is taken on record. The Plaintiff has also filed his original documents. The admissibility of the documents is required to be considered. The Will is filed in the Court proceedings. The original Will is marked ExhibitA for the purpose of identification and convenience. The other documents produced by the Plaintiff are all public documents except one receipt. They are admissible in evidence and they are marked as follows:

• 1. The receipt of the M.M.C. Dated 25th March 2009 marked ExhibitB.
• 2. The extracts of the Property Register for City Survey Nos. 2280 to 2287 are marked ExhibitC (colly).
• 3. The death certificate of the testatrix is marked ExhibitD.
• 4. The ration card bearing No.364085 is marked ExhibitE.
• 5. The receipt of A. Hormarjee Wadia Trust dated 11th April 2000 is marked "X" for identification.
• 2. Parties shall appear initially before the Court Commissioner on 28th July 2010 at 5 p.m and thereafter as fixed by the Commissioner.
• 3. The attesting witness or witnesses of the Plaintiff would not require to rely upon any further documents. Hence, by consent the affidavit or affidavits of the attesting witness or witnesses of the Plaintiff shall be filed before the Court Commissioner directly. They shall be cross examined before the Commissioner directly.
• 4. So soon as the Plaintiff closes his case the Defendants shall file their affidavit of evidence and produce the original documents.
• 5. Parties to place Suit on board for further directions thereafter.

(SMT. ROSHAN DALVI, J.)