This order makes an interim summons absolute in testamentary petition proceedings, directs the defendant to file an affidavit supporting a caveat by a specific date, and orders the registry to renumber the case as a suit.
Chamber Summons made absolute; caveat deadline set; suit renumbered.
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.
7-CST-93-15.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 93 OF 2015
IN
TESTAMENTARY PETITION NO. 44 OF 2015
Mr. Geetesh Dhirajlal Shah & Anr....Petitioners
Versus
Praful Dhirajlal Shah & Ors.…Defendant
…Defendant
None for the Petitioners.
Mr. Amol B. Kharat, for the Defendant.
CORAM: G.S. PATEL, J DATED: 19th August 2015
PC:-
1.Heard. For the reasons set out in the Affidavit in Support,
the Chamber Summons is made absolute in terms of prayer clauses
(a) and (b).
2.A Caveat has already been filed by Mr. Praful Dhirajlal Shah.
His Affidavit in Support of the Caveat is to be filed and served on
or before 31st August 2015, with no possibility of an extension, even
on payment of costs. This is a final opportunity to the Applicant. If
the supporting affidavit is not filed and served by that date, Caveat
1 of 2
7-CST-93-15.DOC
filed by Praful Dhirajlal Shah will stand discharged without further
reference to the Court.
3.The Chamber Summons is disposed of in these terms. All
concerned to act on an authenticated copy of this order.
4.As two other Caveats have been filed, Registry to renumber
the petition as a suit forthwith. Suit to be listed on 7th September
2015 for framing issues and for further directions.
(G. S. PATEL, J.)
2 of 2
Geetesh Dhirajlal Shah & Anr.
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court