High Court of Bombay (Testamentary Court) heard a testamentary converted suit. With no respondent appearance, the caveat was dismissed and probate directed to be issued per original side rules.
Caveat dismissed; probate directed to be issued; petitioner permitted to replace certified copy with Original Will.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTAE JURISDICTION
TESTAMENARY SUIT NO. 8 OF 2003
IN
TESTAMENTARY PETITION NO. 407 OF 2002
Smt. Renuka A. Shah & Anr....Plaintiffs/
Petitioners
vs.
Smt.Jyoti Mahendra Desai ...Defendant/
Caveator
Mr.H.C. Mehta i/b. M/s.Mehta & Co. for the
Plaintiffs/Petitioners.
None for the Defendant/Caveator.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 8, 2009
P.C. :-
1Heard Counsel for the plaintiffs. None
appears on behalf of the caveator. The matter has
been appearing on board since February 2009.
However, neither the caveator nor his Advocate has
appeared after the petition was converted into suit
and accordingly, therefore, the petition was kept
for exparte orders.
2
2Since, the caveator has not appeared in
this court, it appears that he is not keen in
pursuing his caveat. His caveat is dismissed. The
office is, accordingly, directed to issue probate as
per High Court Original Side Rules.
3The petitioner is permitted to replace the
certified copy with the original Will which is
already filed in this Court.
Smt. Renuka A. Shah & Anr.
Smt. Jyoti Mahendra Desai
V.M. Kanade
As recorded by the court registry
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