The High Court allowed the withdrawal of a caveat by the defendant in a testamentary suit. Consequently, the suit was decreed, and the registry was directed to issue probate.
Caveat withdrawn; Suit decreed; Probate ordered to be issued.
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.
2-TS65-05.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 65 OF 2005
IN
TESTAMENTARY PETITION NO. 2 OF 2005
Aban Homa Petit & Anr.…Plaintiffs
Versus
Naryosang D Cassad…Defendant
Mr. Rajesh Shah, with Mr. Cyrus Ardeshir, i/b M/s. Kanga & Co., for
the Plaintiffs.
Mr. R.M. Tiwari, for the Defendant.
CORAM: G.S. PATEL, J DATED: 10th August 2015
PC:-
1.The Defendant is personally present in Court. Mr. Tiwari,
learned Advocate for the Defendant, states on instructions that the
Defendant wishes to withdraw his caveat. He tenders a statement
signed in Court by the Defendant and by Mr. Tiwari withdrawing
the caveat. The statement is taken on record and marked “X” for
identification. A photocopy of this application will be given to the
Advocates for the Plaintiffs to complete their record. This is, of
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2-TS65-05.DOC
course, without prejudice to the Defendant’s rights and contentions
in all other pending matters between the parties.
2.The Caveat is allowed to be withdrawn. In this view of the
matter, the Suit stands decreed. The original documents tendered
by the Plaintiffs shall be returned to them upon these being
substituted by a compilation of photocopies authenticated by the
Plaintiffs’ Advocates.
3.The Registry is directed to issue probate at the earliest. All
concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
2 of 2
Aban Homa Petit
Naryosang D Cassad
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court