Disposed

Prasad T. Tendulkar v. Rebecca Datta (Caveator)

Bombay HC16 Feb 2015CST/7/2015

Case brief

AI extract

What is this about?

The Bombay High Court allowed a conditional order in testamentary miscellaneous proceedings. The court condoned delay, made the chamber summons absolute, mandated a caveat affidavit by a fixed deadline, and decreed the suit if compliance failed.

What did the court decide?

Chamber Summons made absolute; Caveat affidavit to be filed by Feb 20, 2015; default leads to decree of suit.

Prasad T. Tendulkar Vs Rebecca Datta (Caveator) — Succession and Inheritance | Bombay HC (2015)

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21-CST7-15.DOC

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Agk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 7 OF 2015

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IN

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TESTAMENTARY SUIT NO. 58 OF 2009

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IN

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TESTAMENTARY PETITION NO. 695 OF 2008

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Rebecca Datta nee Rebecca Dey…Applicant
In the matter between
Prasad T. Tendulkar...Plaintiff
Versus
Rebecca Datta...Defendant

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Mr. Sanjay Gawde, for the Plaintiff.
Mr. G. K. Wadhwa, for the Defendant .

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CORAM: G.S. PATEL, J DATED: 16th February 2015

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PC:-

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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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21-CST7-15.DOC

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2. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

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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.

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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.

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5. If the affidavit in support is filed as directed, list the Suit for framing issues on 24th February 2015.

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6. The Chamber Summons is disposed of in these terms.

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(G. S. PATEL, J.)

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Prasad T. Tendulkar v. Rebecca Datta (Caveator)

Case brief

What is this about?

What did the court decide?

Prasad T. Tendulkar v. Rebecca Datta (Caveator)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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