The High Court of Bombay's Testamentary and Intestate Jurisdiction Chamber dismissed a summons listing for dismissal. The court noted the petitioner consistently failed to appear and the summons remained unserved for three years despite a delay condonation application.
The Chamber Summons is dismissed with no order as to costs.
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.
906-CST101-12.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 101 OF 2012
IN
TESTAMENTARY PETITION NO. 194 OF 2012
Prakash Motiram Gharat...Applicant
In the matter between
Shri Anand Shatat Gharat...Petitioner
Versus
Prakash Motiram Gharat…Caveator
Mr. Sameer Sawant, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:26th June 2015
PC:-
1.This Chamber Summons listed today for dismissal. It was
last on board on 23rd June 2015. On that date too, none appeared
for the Applicant.
2.The Chamber Summons is of 2012. Learned Advocate for
the Petitioner makes a grievance, and in my view quite correctly,
that despite being pending for three years, the Chamber Summons
has not even been served as yet by the Applicant on the Petitioner.
1 of 2
906-CST101-12.DOC
The application itself is to condone the delay of four weeks and four
days in filing an Affidavit in Support of the Caveat.
3.Given the persistent absence of both the party and his
Advocate, coupled with the fact that the Chamber Summons has
remained unserved even after three years, I do not think that there
is any question of further adjourning this matter.
4.The Chamber Summons is dismissed with no order as to
costs.
(G. S. PATEL, J.)
2 of 2
Prakash Motiram Gharat
Shri Anand Shatat Gharat
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court