17 NMT-154-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 154 OF 2019 IN TESTAMENTARY SUIT NO. 63 OF 2011 IN TESTAMENTARY PETITION NO. 508 OF 2010 Behram Jamshed Panthaki ...Plaintiff Versus Khursheed Navzer Panthaki ...Defendant —————— Mr. Rohaan Cama, Cousel i/b M/s. Dastur Kalambi and Associates for Plaintiff. Mr. Prashansa Jain h/f Mr. Mangesh D. Chavan for Respondents. —————— Coram : Sharmila U. Deshmukh, J. Date : 4th November, 2025. P. C. : 1. Notice of Motion has been preferred seeking leave to Plaintiff to file Additional Affidavit in lieu of examination-in-chief in addition to Affidavit dated 5th January, 2017. 2. Mr. Cama, learned counsel appearing for Plaintiff submits that Miss Homai Pithawalla who was one of the attesting witnesses has expired and therefore, prayer clause (a) does not survive for consideration. Insofar as prayer clause (b) is concerned, he submits that Plaintiff has filed his Affidavit in lieu of examination-in-chief on 5th January, 2017 and seeks permission to file Additional Affidavit in lieu Sairaj 1 of 2 17 NMT-154-2019.doc of examination-in-chief. 3. The prayer clause (a) does not survive for consideration in view of death of Ms. Homai Pithawalla. Insofar as prayer clause (b) is concerned, the witness has not stepped into box and evidence is yet to commence. For filing Additional Affidavit of evidence, leave is not required to be obtained. 4. In view of the said position, Notice of Motion is permitted to be withdrawn with liberty to Plaintiff to file Additional Affidavit in lieu of examination-in-chief on the next date. 5. List on 17th November, 2025 under the caption for ‘directions’. [Sharmila U. Deshmukh, J.] Sairaj 2 of 2