SEVERINA PETER FERNANDES Vs. TYRONE PETER FERNANDES

JUDGEMENT

(1.) Ms. Geeta Sonawne, Learned Counsel appearing on behalf of the Plaintiff at the outset pointed out that the Advocate for the Defendant had sought a discharge in the matter. She invited my attention to the Order dated 5 th March 2024, which inter alia recorded that the Defendant had vide a letter dtd. 7/2/2024, informed the Advocates for the Defendant that given his advanced age, the Defendant did not wish to proceed with the present Suit. This was communicated by Advocate for the Defendant to the Advocate for the Plaintiff vide an email dated 9 th February 2024 by which a copy of the Defendant's letter dtd. 7/2/2024 was also sent. She submitted that on 26/2/2025 when the Suit was listed for final hearing, none appeared on behalf of the Defendant and it was thus that this Court directed that the Suit would be listed for final hearing and directed that written submissions be filed.

(2.) Ms. Sonawane, today, tendered the written note of submissions and pointed out that the captioned Testamentary Suit has been filed for Probate of the Last Will and Testament of one Severina Peter Fernandes ('the deceased') who passed away on 9/10/2009 and leaving behind a Will dated 3 rd April 2009 ('the said Will'), which the Plaintiff was propounding as being the Last Will and Testament of the deceased. She then pointed out that the Plaintiff is one of the sons of the deceased as also the executor and named in the said Will in which capacity the Plaintiff had filed the captioned Testamentary Petition. She submitted that since the Defendant filed a caveat opposing the Testamentary Petition the same was converted into the captioned Suit.

(3.) Ms. Sonawane, then pointed out that this Court had, after considering the contentions taken in the Affidavit in Support of the caveat, vide an Order dtd. 25/6/2016, framed the following issues: