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2008 Supreme(SC) 750

S.B.SINHA, V.S.SIRPURKAR
Ila Vipin Pandya – Appellant
Versus
Smita Ambalal Patel – Respondent


JUDGMENT:

V.S. SIRPURKAR, J.

1. The order passed by the Division Bench in an appeal against the order passed by the learned Single Judge of that Court is in question before us in this appeal. Respondent No.1 (Smita Ambalal Patel) had taken out the Chamber Summons in Testamentary Suit No.17 of 1996. By that summons she sought for the certified copies of Miscellaneous Application No.1 of 2004 in the Testamentary Suit as also the transcript of tape-recorded conversation between the appellant herein (Smt.Ila Pandya) and the respondent No.2 (Ms.Fereshte Sethna).

2. The appellant had filed a Testamentary Petition No.132 of 1996 before the Bombay High Court for issuance of Letters of Administration in respect of the estate of her late husband, namely, Shri Vipin Dalsukram Pandya. In this suit the present respondent no.1 (Smita Ambalal Patel) had filed a caveat. Eventually the Testamentary Petition came to be converted into Testamentary Suit. Ila Pandya was being represented by respondent no.2 Ms.Fereshte Sethna in that suit. However, it seems that the appellant sought for discharge of her counsel in the case. This was objected to by the respondent no.2
































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