Chamber summons dismissed condoning delay in caveat affidavit. Order directs testamentary petition to be converted into suit and documents admissibility to be examined.
Chamber summons made absolute; testamentary petition to be converted into suit; documents admissibility to be decided on 15th October, 2013.
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25-CST12.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T & I. J.
CHAMBER SUMMONS NO. 12 OF 2013 IN
PETITION NO. 867 OF 2012 Dipali Sandip Choubal ..... Applicant Smt.Indira Ganpat Choulkar ..... Deceased Shrilekha D. Mhatre ..... Petitioner VERSUS Dipali Sandip Choubal ..... Caveatrix
Mr.Bhalchandra G.Saraf for the Caveatix.
CORAM : R.D. DHANUKA, J. DATED : 19th AUGUST, 2013
P.C.
Caveator has filed this Chamber Summons for condonation of delay of 18 days in filing affidavit in support of the caveat. It is the case of the caveator that caveat was filed on 6th November, 2012. Testamentary Department was closed due to Diwali Vacation from 10th November, 2012 to 18th November, 2012. Affidavit in support of hte caveat therefore could be filed only on 6th December, 2012. Caveator was out of station from 7th November, 2012 to 1st December, 2012. Though Chamber Summons has been served upon the petitioner's advocate, no affidavit in reply has been filed. None appeared for the petitioner.
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25-CST12.13
[R.D. DHANUKA, J.]
Smt. Indira Ganpat Choulkar / Shrilekha D. Mhatre
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
