MYRA PHILOMENA COLLACO vs LILIAN COELHO and ORS.

Judgment text excerpt

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2026.01.02 11:50:30 +0530 2-APP-574-2003 (OS) (1).DOC Shubham IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 574 OF 2003 IN TESTAMENTARY SUIT NO. 33 OF 1999 Myra Philomena Collaco ...Appellant Versus Lilian Coelho and Ors. ...Respondents ____________________________________________________________ Mr. Karl Tamboly, a/w Mr. Bhavin Shah, Ms. Alisha Lambay i/by Lambay & Co. for Applicant. Mr. Nigel Quraishy, a/w Mr. Dushyant Krishnan, Snehil Rai, Ms. Shruti Dubey i/by Susmit Phatale, for Respondent Nos. 1 and 2. ____________________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ. RESERVED ON : 27 November 2025 PRONOUNCED ON : 30 December 2025 JUDGMENT: (Per Advait M. Sethna, J.) Prologue :- 1. We are confronted with yet another family saga where the slugfest between the parties, circumference around two Wills of the deceased parents of the Appellant. It is in such context that the contesting parties seek to assert their rival claims and legal rights over the suit property. Page 1 of 67 2-APP-574-2003 (OS) (1).DOC 2. The curtains open with the Appellant’s deceased father’s Will creating life interest in the suit property in favour of his wife i.e. late mother of the Appellant along with their sons Victor and Neville. However, the Appellant’s mother bequeaths the suit property being the subject matter of the probated Will of her late husband (Appellant’s father) to the Appellant and her sons George and Reginald. 3. The Appellant in the present proceedings, desire to have Letters of Administration issued with the Will of her deceased mother which was assailed by the Respondents before the learned Single Judge of this Court. Th