The court condoned the delay in filing the affidavit in support of a caveat filed by the petitioner, accepting the explanation given and directing conversion of the proceeding into a suit.
Affidavit dated 26 July, 2013 taken on record; petition converted into suit; no order as to costs.
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37-cst-60.2013.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . TESTAMENTARY & INTESTATE JURISDICTION
CHAMBER SUMMONS NO. 60 OF 2013 IN
PETITION NO. 1644 OF 2012
Sangramsingh P. Patil
…. Applicant
Rajendrasingh Pundalik Patil … Petitioner
Versus
Sangramsingh Pundalik Patil & Anr. … Caveators
Mr. Sayeed Mulani i/by Pravin Padave for the caveator/applicant.
Ms. S. Humane i/by Ranjana Todankar for the petitioner.
CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 24, 2013. P.C.
The learned counsel for the caveator handed over copy of the affidavit to the learned counsel for the petitioner in court. The learned counsel for the petitioner seeks liberty to proceed with the matter on the basis of denial. By this chamber summons, the petitioner seeks condonation of delay of 38 days in filing affidavit in support of caveat. By order dated 10/6/2013 this court has already condoned the delay in filing caveat. On perusal of the affidavit in support of the chamber summons, it appears that the delay is caused in filing the affidavit in support of the caveat as the petitioner was looking after the agricultural works of cultivable lands of his
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father in Vathoda, District Dhule as well as was busy with the management of Pundalik Electrical and Mechanical Industries Pvt. Ltd., a factory at Nashik. It is the case of the petitioner that during the month of May till July, the petitioner had to attend the factory at Nashik and accordingly could not give instructions to his advocate to draft the affidavit in support of the caveat.
(R.D .DHANUKA, J.)
1 issue framed by the court
Whether the delay in filing affidavit in support of caveat should be condoned given the caveat had already been filed and the delay in filing caveat was earlier condoned.
Sangramsingh P. Patil
Rajendrasingh Pundalik Patil
R.D.DHANUKA
As recorded by the court registry
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