Disposed
Rajanikant Narayanbhai Patel v. Yogeshkumar N. Patel (Caveator)
Bombay HCCST/137/2015
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY TESTAMENTARY
What the court decided
AI extract
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912-CST137-15.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 137 OF 2015 CHAMBER SUMMONS (L) NO. 30 OF 2015 IN
TESTAMENTARY PETITION NO. 26 OF 2013
Rajanikant Narayanbhai Patel...Petitioner
Versus
Yogeshkumar N. Patel…Defendant/
Applicant
Mr. Sachin P. Shetye, i/b Mr. Prashant Karande, for the Petitioner.
Mr. Uday Bobade, i/b Mr. Mukesh Subramaniam, for the Applicant.
CORAM: G.S. PATEL, J DATED: 25th April 2016
PC:-
1.The Chamber Summons is for condonation of 25 days’ delay
in filing a Caveat and 207 days’ delay in filing an Affidavit in
Support of it. The Affidavit in Support of this Chamber Summons
sets out that the original Caveat being defective, the Applicant
made repeated attempts to file it in the correct form. This resulted
in the delay. I do not think it would be appropriate to completely
non-suit a party on such grounds.
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912-CST137-15.DOC
2. Mr. Shetye for the Petitioner presses for costs.
3.The Chamber Summons is made absolute in terms of prayer
clauses (a) and (b) on payment by the Applicant to the Petitioner a
sum of Rs. 250/- as costs as a condition precedent.
4.Mr. Bobade for the applicant says his attorney will issue a
cheque in this amount. Mr. Shetye promptly forgoes the costs.
5.The Caveat and the Affidavit in Support having been lodged,
the Petition will now be renumbered as a Suit and will be placed for
framing issues on 5th May 2016.
(G. S. PATEL, J.)
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Rajanikant Narayanbhai Patel
Yogeshkumar N. Patel
G.S. Patel
As recorded by the court registry
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