This short order dismisses a withdrawn caveat and related summons. The court, finding the matter uncontentious, directs the Prothonotary to proceed.
Dismissal of the caveat, affidavit in support, and chamber summons due to withdrawal; order to proceed with the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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42-NMT96.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T. & I. J.
NOTICE OF MOTION NO. 96 OF 2013 IN TESTAMENTARY PETITION NO. 771 OF 2012
Dr.Ramesh Tribhuvandas Doshi ….. Deceased
Sanjeev Ramesh Doshi IN THE MATTER OF Sanjeev Ramesh Doshi
VERSUS Sunil Ramesh Doshi
….. Applicant
….. Petitioner/Plaintiff
….. Defendant Caveator
Ms.Sonal F., i/b. Mr.Shailesh Thakkar for the Petitioner. Mr.Sanputta Sarnath, i/b. Mr.Mihir Desai for the Caveator.
CORAM : R.D. DHANUKA, J. DATED : 7th APRIL, 2014
P.C .
Learned counsel appearing for the caveator submits that he has been instructed by the caveator not to pursue caveat as well as affidavit in support filed in this testamentary petition. Statement of the learned counsel is accepted. In view of the instructions from the caveator, the learned counsel seeks liberty to withdraw caveat, affidavit in support as well as Chamber Summons No. 97 of 2013 filed in Testamentary Petition No. 771 of 2012. Caveat and affidavit in support of caveat are dismissed as withdrawn. In view of the withdrawal of the caveat as well as affidavit in support of the caveat and dismissed as withdrawn, Chamber Summons No. 97 of 2013 does not survive and is accordingly disposed of. In view of the withdrawal of the caveat as well as affidavit in support of the
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42-NMT96.13
caveat, Notice of Motion No. 96 of 2013 filed by the petitioner for dismissal of the caveat does not survive and is accordingly disposed of.
Sanjeev Ramesh Doshi
Sunil Ramesh Doshi
R.D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
