The chamber summons application for condonation of delay in filing an affidavit of support was allowed. The caveator's inability to inspect documents and receive a certified copy of an alleged will within the statutory period was accepted as a valid reason for the delay. The petition was also ordered to be converted into a suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.16 OF 2013
IN TESTAMENTARY PETITION NO.463 OF 2012
Mrs Reshma Rajiv Kuvelkar ... Caveator/Applicant. In the matter between : Mrs Indirabai Baburao Pai .. Deceased Ashwini Sachin Yardi … Petitioner And Mrs Reshma Rajiv Kuvelkar ... Caveator.
Mr Rajiv Kumar, Senior Counsel with Nityoah Mehta, Ashish Anand, Jay Mehta and Nazia Khan i/b Nityoh Suneel & Associates for applicant/Caveator
Mr Sameer Pandit a/w Shanelli Irani i/b M/s Wadia Gandhy & Co. for petitioner.
Caveator is present in Court.
CORAM : R.D.DHANUKA J. DATED : AUGUST 12, 2013.
P.C.
By this chamber summons filed by Caveator, condonation of delay
of 54 days in filing affidavit in support is prayed.
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time prescribed. It is the case of the Caveator that incomplete copy of the petition was served on the Caveator. Complete copy of the petition was served only on 7th January 2013. Caveator thereafter applied for inspection of documents referred by the petitioner in the petition. On 16th January 2013, part inspection was given by the petitioner. Inspection of the original alleged Will was given to the Advocate of the Caveator by the department only on 4th January 2013.
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June 2013 which is now served upon the Caveator. In the affidavit in support of Caveat, the Caveator has also dealt with the said amendment. On perusal of affidavit in support and the correspondence annexed, in my view, delay in filing affidavit in support is satisfactorily explained and is condoned.
(R.D.DHANUKA, J.)
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2 issues framed by the court
Whether delay in filing the affidavit in support of a caveat can be condoned.
Whether the testamentary petition should be converted into a suit.
Mrs Reshma Rajiv Kuvelkar
Mrs Indirabai Baburao Pai
R.D.DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
