Bombay High Court
VEENA WELLINGTONversusKUMAR S SHETTY
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the interim application and ordered issuance of a summons to the attesting witness.
Summary
In the testamentary suit (No. 167 of 2013) filed by Veena Wellington against Kumar S. Shetty & Ors., the plaintiff sought a summons to compel the attesting witness of the contested will, Mr. Arun Shetty, to appear. An earlier order required the plaintiff’s counsel to file an affidavit detailing communications, which was complied with, but the witness remained unavailable. The defendants did not oppose the interim application, stating the issue was between the applicant and the court. The learned judge found that sufficient cause was shown to issue the summons. Consequently, the interim application was allowed, and the testamentary suit was listed for hearing on 2 November 2026.
Issues considered
- Whether the court should issue a summons to the attesting witness of the will, Mr. Arun Shetty, in the pending testamentary suit.
Subjects
- testamentary suit
- interim application
- witness summons
- will attestation
- civil procedure
Judgment
1/2 47-IA-3269-2026 (OS).DOC
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD
MOHAMMAD AREEB
AREEB MOHD
TESTAMENTARY AND INTESTATE JURISDICTION
MOHD AKBAR
AKBAR Date:
2026.10.07
18:25:21
+0530
INTERIM APPLICATION NO. 3269 OF 2026
IN
TESTAMENTARY SUIT NO. 167 OF 2013
Veena Wellington ...Plaintiff
Versus
Kumar S. Shetty & Ors. ...Defendants
_______
Ms. Alisha Lambay i/b Lambay & Co. for the Plaintiff.
Mr. Akshay Doctor a/w Mr. H. Singh Ms. Nimisha Shukla i/b Desai & Diwanji for
Defendants.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 5th OCTOBER, 2026
P.C.
1. This Interim Application seeks issuance of witness summons to the
attesting witness to the Will, namely, Mr. Arun Shetty.
2. Pursuant to the previous Order, Ms. Lambay has filed an Affidavit placing
on record the relevant communications. Despite the same, the attesting witness
has not come forth. In my view, sufficient cause has therefore been shown for
allowing the Interim Application.
3. Mr. Doctor fairly does not oppose the Interim Application and submits
that the matter is between the Applicant and the Court.
4. Accordingly, the Interim Application is allowed in terms of prayer clauses
(a) and (b).
Areeb
2/2 47-IA-3269-2026 (OS).DOC
5. List Testamentary Suit on 2nd November, 2026.
[ARIF S. DOCTOR, J.]
Areeb
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