1/2 22 TS-142-2015.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 142 OF 2015 IN TESTAMENTARY PETITION NO. 930 OF 2014 Jayantilal Shantilal Jobalia (since deceased) … Plaintiff Vs. Shaila Nimesh Modi & Others …Defendants WITH NOTICE OF MOTION NO. 107 OF 2019 IN TESTAMENTARY SUIT NO. 142 OF 2015 _______ Dr. Abhinav Chandrachud, Mr. Darshan Patankar, Mr. Pranit Kulkarni i/b Mr. Shailendra Singh, Mr. Shaikh for Plaintiff. _______ CORAM : ARIF S. DOCTOR, J. DATE : 12 TH OCTOBER, 2026. P.C. 1. At the outset, Dr. Chandrachud, learned counsel appearing for the Plaintiff submits that the evidence in the suit has been concluded. He submits that it was after conclusion of evidence that the Applicants in Notice of Motion No. 107 of 2019 filed the present Notice of Motion seeking to withdraw the consent that Sairaj SAIRAJ SANJAY KARANDE Digitally signed by SAIRAJ SANJAY KARANDE Date: 2026.10.13 13:27:22 +0530 2/2 22 TS-142-2015.DOC was originally accorded by them to the grant of Probate, which was applied for by the Plaintiff. 2. Dr. Chandrachud has invited my attention to the order dated 14 th January, 2026, which reads thus: “1. This Court is informed that the evidence has been concluded. Learned counsel for the Plaintiff points out that the Notice of Motion No. 107 of 2019 has been preferred by the Defendants seeking withdrawal of the consent affidavit. 2. Notion of Motion to be heard along with the Suit. 3. Stand over to 20 th February, 2026 for final hearing.” 3. He points out that even on 14 th January, 2026, when the matter was listed, none had appeared for the Applicant. The position is same even today. Given that the evidence in this suit has concluded as far as back on 23 rd April, 2019 and the Applicants had not appeared on the previous occasion, today, I find no reason why the Notice of Motion No. 107 of 2019 be kept pending. The same is dismissed for want of prosecution. 4. List the Testamentary Suit for final hearing on 3 rd November, 2026. (ARIF S. DOCTOR, J.) Sairaj