Disposed
Mr. Eleuterio Joseph Agnello Aguiar v. Ruby Josephine Aguiar and 2 Ors. (Caveators)
Bombay HCCST/19/2015
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COURT OF JUDICATURE AT BOMBAY TESTAMENTARY
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916-CST-19-15.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
CHAMBER SUMMONS NO. 19 OF 2015
IN
CAVEAT NO. 17 OF 2014
IN
TESTAMENTARY PETITION NO. 1050 OF 2014
Mrs. Ruby Josephine Aguiar…Applicant
In the matter between
Eleuterio Joseph Agnello Aguiar & Ors.…Petitioners
And
Mrs. Ruby Josephine Aguiar…Caveator
Ms. Devpriya Mukharjee, i/b Gayatri J. Singh, for the Applicant.
CORAM: G.S. PATEL, J DATED: 24th February 2015
PC:-
1.The Chamber Summons seeking a condonation of delay of
108 days in filing the Caveat is said to have been served. None
appears for the Petitioner. Learned Advocate for the Applicant
clarifies that the Caveat has been filed and the delay sought to be
condoned is in respect of filing of the affidavit in support of that
Caveat.
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916-CST-19-15.DOC
2. For the reasons set out in the Affidavit in Support, the delay is condoned.
3.The Caveat along with Affidavit in Support to be filed and
served on or before 2nd March 2015, with no possibility of an
extension, even on payment of costs. This is a final opportunity to
the Applicant. If the Caveat and its supporting affidavit are not filed
and served by that date, the Petition will proceed without further
reference to the court as an uncontested Petition.
4. In the event that the Caveat and the supporting Affidavit are filed and served by 2nd March 2015, the Suit to be listed on 10th March 2015 for framing issues and for further directions.
5. The Chamber Summons is disposed of in these terms. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
2 of 2
Mrs. Ruby Josephine Aguiar
Eleuterio Joseph Agnello Aguiar & Ors.
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court