This court dismissed a chamber summons seeking dismissal of a caveat filed under Testamentary Suit No. 17 of 2014. The court held that the allegation of a fabricated will is an issue for trial and cannot be decided interlocutorily.
Chamber summons dismissed with no order as to costs.
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108-14-CST-S-17-14-P-1399-13.DOC
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 108 OF 2014
IN
TESTAMENTARY SUIT NO. 17 OF 2014 IN
TESTAMENTARY PETITION NO. 1399 OF 2013
Satchidanand Bhagwantrao Dadarkar…Applicant/
Petitioner
Versus
Mr. Deepak Parshuram Bhatte & Anr.…Cavetors
Mrs. Geeta Mulekar, for the Petitioner.
Mrs. Nutan S. Moily, for the Caveator.
CORAM: G.S. PATEL, J DATED: 3rd February 2015
PC:-
1.This is the Petitioner’s Chamber Summons for dismissal of
the original 2nd Defendant’s caveat. The 1st Defendant’s caveat
has already been dismissed. The 2nd Defendant is the only
remaining defendant and is referred to as such in this order. The
2nd Defendant filed a Caveat through the Constituted Attorney, his
wife. There is a single page Affidavit-in-Support of this Caveat. In
1 of 2
108-14-CST-S-17-14-P-1399-13.DOC
paragraph 2 of that Affidavit the Defendant alleges that the Will
sought to be propounded is false and fabricated.
2.This is not an issue that can be decided on an interlocutory
proceeding in a testamentary action. Evidence will require to lead
and issues will have to be framed on this plea taken in the Affidavit-
in-Support. It may be true that the Petitioner has a complete answer
on all points. That, however, will have to await the trial of the Suit.
3.The Chamber Summons is dismissed, but there will be no
order as to costs.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether the plea that the will is false and fabricated can be decided on an interlocutory proceeding.
Satchidanand Bhagwantrao Dadarkar
Mr. Deepak Parshuram Bhatte
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court