The High Court of Bombay, Testamentary Jurisdiction Space Chamber, made the Chamber Summons in Instant matter absolute directed a directive to file a caveat in support within a specified time.
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.
22-CST8-15.DOC
Agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 8 OF 2015
IN
TESTAMENTARY SUIT NO. 65 OF 2009
IN
TESTAMENTARY PETITION NO. 696 OF 2008
Rebecca Datta nee Rebecca Dey…Applicant
In the matter between
Prasad T. Tendulkar...Plaintiff
Versus
Rebecca Datta...Defendant
Mr. Sanjay Gawde, for the Plaintiff.
Mr. G. K. Wadhwa, for the Defendant .
CORAM: G.S. PATEL, J DATED: 16th February 2015
PC:-
1.For the reasons set out in the affidavit in support and despite
the vigorous opposition from the learned Advocate for the
Defendant, the delay is condoned.
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22-CST8-15.DOC
2. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b).
3.Affidavit in support of the Caveat to be filed (a copy has
already been served) before 5:00 pm on 20th February 2015. If the
affidavit in support of the Caveat is not filed by that time, the
Caveat will stand discharged without further reference to the court,
the Suit will stand decreed and the Petition will proceed as an
uncontested Petition for the grant of probate.
4. It is made clear that in default of compliance of this order, no further application for condonation of delay will be entertained even on payment of costs.
5. If the affidavit in support is filed as directed, list the Suit for framing issues on 24th February 2015.
6. The Chamber Summons is disposed of in these terms.
(G. S. PATEL, J.)
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Rebecca Datta
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court