High Court dismissed a Notice of Motion seeking dismissal of an Affidavit of objection filed by the Respondent in a testamentary petition for a succession certificate, deeming the challenge technical without merit.
Notice of Motion dismissed; Affidavit of objection remains.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
NOTICE OF MOTION NO.57 OF 2009 IN
TESTAMENTARY PETITION NO.747 OF 2006
Smt. Laxmi Pandurang Indulkar. ...Petitioner. Vs. Smt. Shantabai Shripati Indulkar. ...Respondent..
...Respondent..
Ms. Manisha Patil i/b. Mr.Nandu Pawar for the Petitioner. Mr. C. S. Sonawane with Ms.Sheetal C. Sonawane for the Respondent.
CORAM : DR.D.Y.CHANDRACHUD, J.
.
P.C.
The Motion seeks dismissal of the Caveat/Affidavit of objection that has been filed by the Respondent. In a petition filed
for the grant of succession certificate, the Respondent has filed a Caveat. An affidavit in support of the Caveat was filed which has been treated by the Testamentary Registrar as an affidavit of objection. In these circumstances, the ground for dismissal of the affidavit of objection is rather technical and does not warrant acceptance. There is no merit in the Notice of Motion which is accordingly dismissed.
1 issue framed by the court
Whether a Caveat/Affidavit of objection filed by the Respondent in a succession certificate petition should be dismissed at the motion stage.
Smt. Laxmi Pandurang Indulkar
Smt. Shantabai Shripati Indulkar
D.Y.Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
