1/3 9- IA-2079-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2079 OF 2026 IN TESTAMENTARY SUIT NO. 88 OF 2015 Jyoti Jagdish Khanna ...Applicant/Plaintiff Versus Khyati Jagdish Khanna Alias Khyati Saji Abraham ...Defendant _______ Mr. Amit Singh a/w Mr. Bhushan Bhadgale i/b Abbhay Nevagi & Associates for the Applicant. Mr. Amogh Singh a/w Dixit Parmar & Kaustubh Patil i/b Bafna for Defendant _______ CORAM : ARIF S. DOCTOR, J. DATE : 29 th SEPTEMBER, 2026 P.C. 1. This Interim Application seeks the following reliefs: “a. allow the present Interim Application; b. issue witness summons of this Hon'ble Court to the attesting witnesses Mr. Subhash Hansraj Arora and Mrs. Sushma Subhash Arora, having their present residential address at GHP Woodland building, Flat No. 1504, Sarvoday Nagar, P.K. Road, off. State Bank of India, Mulund (West), Mumbai-400080, for appearing as witnesses and giving evidence before this Hon'ble Court in the present Suit; c. provide for the costs of the present Application;” 2. I have heard learned Counsel for the parties. Learned Counsel for the Applicant points out that, at the time of filing of the Petition, the attesting witnesses had filed their respective Affidavits as attesting witnesses. He submits Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.30 18:05:33 +0530 2/3 9- IA-2079-2026 (OS).DOC that, subsequently, the trial proceeded, however, the attesting witnesses did not come forth to give evidence on various grounds, including ill health. 3. Mr. Singh, learned Counsel appearing on behalf of the Defendant, has opposed the Application by submitting that the Application has been filed only to delay the hearing of the Suit, which has been set down for hearing as far back as September 2025. 4. Furthermore, it is his contention that the Plaintiffs have themselves been examined as attesting witnesses. In these circumstances, he submits that the Court ought not to allow the present Interim Application. However, after hearing learned Counsel and perusing the record placed before me, I find that it would be in the interest of justice to allow the present Interim Application. 5. Needless to state, it is integral to any Testamentary Suit to have the evidence of the attesting witnesses. This opportunity, though belated, ought not to be denied to the Applicant. 6. I do not see any prejudice being caused to the Defendant if the Application is allowed. Ultimately, in testamentary proceedings for probate, the conscience of the Court is required to be satisfied. The proposed steps would therefore aid in satisfying the conscience of the Court and, as already noted, would not prejudice the Defendant in any manner, since the Defendant would have the fullest opportunity to cross-examine the attesting witnesses, should they come forth and give evidence. 7. In view of the above, the Interim Application is allowed in terms of prayer clauses ‘a’ and ‘b’. Areeb 3/3 9- IA-2079-2026 (OS).DOC 8. List Testamentary Suit on 27 th October, 2026 for directions. [ARIF S. DOCTOR, J.] Areeb