The high court dismissed a notice of motion seeking to set aside an order allowing a petitioner's testamentary petition. The court noted the caveatrix failed to attend hearings and comply with pretrial formalities despite service of documents.
Notice of Motion dismissed; Probate shall be issued.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 86 OF 2010 IN TESTAMENTARY SUIT NO. 5 OF 1995 IN TESTAMENTARY PETITION NO.683 OF 1994
Hewald Adrin Dias
....Petitioner/Plaintiff
Vs.
Mrs. Jeanette Mary Pereira
...Caveatrix/Defendant
Mr. Denzil D’mello for Plaintiff None for Defendant
CORAM : SMT. ROSHAN DALVI, J.
DATED : 1ST SEPTEMBER, 2010
P.C. :
allowed.
(SMT. ROSHAN DALVI, J.)
2 issues framed by the court
Whether the notice of motion filed by the caveatrix to set aside the order allowing the petitioner's petition should be dismissed.
Whether the caveatrix failed to observe pretrial formalities constitutes a valid ground to dismiss her opposition.
Hewald Adrin Dias
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
