Chamber Summons sought condonation of 38-day delay to file Affidavit in Support in tribunal succession dispute. Court granted condonation and ordered suit filing and listing.
Chamber Summons made absolute; petition renamed suit to be listed for framing issues on 21.10.2016.
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35-CST111-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 111 OF 2016
IN
CAVEAT (ST) NO. 77 OF 2016 IN
TESTAMENTARY PETITION NO. 2028 OF 2015
Kalpesh Yogesh Upadhyay
And
...Petitioner
Mrs. Chitra w/o Mr. Anil Upadyay…Caveatrix
Ms. Ranjana Parab, i/b Law Judicia, for the Petitioner.
Mr. R. R. Mishra, i/b M/s. M. Rajkumar & Co., for the
Applicant/Caveatrix.
CORAM: G.S. PATEL, J DATED: 26th September 2016
PC:-
1.Heard. The Chamber Summons is served. The Chamber
Summons is to condone the delay of 38 days in filing the Affidavit in
Support. There is an Affidavit in Reply.
2.For the reasons set out in the Affidavit in Support, the
Chamber Summons is made absolute in terms of prayer clause (a).
The Affidavit in Support is already lodged with the Registry.
Page 1 of 2
26th September 2016
35-CST111-16.DOC
3.As the supporting Affidavit is already filed, the Petition to be
renumbered as a suit and the suit to be listed on 21st October 2016
for framing issues and for further directions.
4.The Chamber Summons is disposed in these terms. All
concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
26th September 2016
1 issue framed by the court
Whether to condone the delay of 38 days in filing the Affidavit in Support.
Kalpesh Yogesh Upadhyay
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court