LAWS(BOM)-2008-9-193

ANTONY EUGENE Vs. EUGENE CAJETAN

Decided On September 15, 2008
ANTONY EUGENE Appellant
V/S
EUGENE CAJETAN Respondents

JUDGEMENT

(1.) This Suit has been directed to be tried along with and immediately after the Testamentary Suit No.5 of 2004 is disposed of granting or refusing letters of Administration with the last Will and Testament of Prof. Cosmas Damian T. Pinto (the deceased), dated 12th February, 1963 annexed thereto.

(2.) That is because the parties in the Testamentary Suit are also the parties in this Suit and the evidence with regard to the estate of the deceased would be overlapping.

(3.) The original Plaintiffs, Defendant s 1 and 2 and the husband of Defendant No.3 are the 8 children of the said deceased. The Plaintiff Nos.1, 2 and 3 have expired after the filing of the Suit. Their heirs have been brought on record as party Plaintiffs.