1/2 9-TS-45-2012.DOC Digitally signed by VAIBHAV VAIBHAV NAMDEV NAMDEV BARE BARE Date: 2026.09.02 10:22:27 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 45 OF 2012 IN TESTAMENTARY PETITION NO. 479 OF 2011 Mohammed Tanweer Ahmad ...Plaintiff Versus Horace Joseph Pereira ...Defendant WITH INTERIM APPLICATION NO. 2194 OF 2026 IN TESTAMENTARY SUIT NO. 45 OF 2012 _______ Ms. Uttara Sarkar (through V.C.), for the Plaintiff. _______ CORAM : ARIF S. DOCTOR, J. DATE : 31 st AUGUST, 2026 P.C. 1. This Court had, on 29 th April 2026, passed the following order: "1. The earlier record indicates that the learned counsel appearing for the Defendanthasobtaineddischarge. 2. Registry is directed to issue notice to the Defendant calling upon him to make alternate arrangement, failing which the caveat filed by the Defendant would be discharged by the Court on the next occasion. Stand over to 18th June, 2026." 2. The Court record shows that notice has been duly served upon the Defendant. Despite which, today none has appeared. Hence, in terms of the aforesaid order, this Court has little choice but to discharge the caveat. The Vaibhav 2/2 9-TS-45-2012.DOC caveat is accordingly discharged. Accordingly, the Suit will now stand converted into a Testamentary Petition. 3. Learned counsel for the Plaintiff submits that Plaintiff's evidence is ready.

4. List the Testamentary Petition on 7 th September 2026 for direction. [ARIF S. DOCTOR, J.] Vaibhav

1/2 9-TS-45-2012.DOC Digitally signed by VAIBHAV VAIBHAV NAMDEV NAMDEV BARE BARE Date: 2026.09.02 10:22:27 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 45 OF 2012 IN TESTAMENTARY PETITION NO. 479 OF 2011 Mohammed Tanweer Ahmad ...Plaintiff Versus Horace Joseph Pereira ...Defendant WITH INTERIM APPLICATION NO. 2194 OF 2026 IN TESTAMENTARY SUIT NO. 45 OF 2012 _______ Ms. Uttara Sarkar (through V.C.), for the Plaintiff. _______ CORAM : ARIF S. DOCTOR, J. DATE : 31 st AUGUST, 2026 P.C. 1. This Court had, on 29 th April 2026, passed the following order: "1. The earlier record indicates that the learned counsel appearing for the Defendanthasobtaineddischarge. 2. Registry is directed to issue notice to the Defendant calling upon him to make alternate arrangement, failing which the caveat filed by the Defendant would be discharged by the Court on the next occasion. Stand over to 18th June, 2026." 2. The Court record shows that notice has been duly served upon the Defendant. Despite which, today none has appeared. Hence, in terms of the aforesaid order, this Court has little choice but to discharge the caveat. The Vaibhav 2/2 9-TS-45-2012.DOC caveat is accordingly discharged. Accordingly, the Suit will now stand converted into a Testamentary Petition. 3. Learned counsel for the Plaintiff submits that Plaintiff's evidence is ready.

4. List the Testamentary Petition on 7 th September 2026 for direction. [ARIF S. DOCTOR, J.] Vaibhav