Disposed

Rahul Premraj Tupta and Anr. v. Deepika Deepak Gupta (Caveatrix)

Bombay HC12 Apr 2016CST/38/2016

Case brief

AI extract

What is this about?

The High Court of Bombay made two Chamber Summonses absolute in a testamentary petition dispute, condoning delay in caveats. It directed service on a third heir, ordered conversion of the petition to a suit, and listed the matter for framing of issues.

What did the court decide?

Caveats made absolute with directions to file affidavits; petition renumbered as suit; listed for framing issues.

Rahul Premraj Tupta and Anr. Vs Deepika Deepak… — Succession and Inheritance | Bombay HC (2016)

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902-CST38-16+.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 38 OF 2016

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IN

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CHAMBER SUMMONS (L) NO. 48 OF 2016 IN

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TESTAMENTARY PETITION NO. 955 OF 2015

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Deepika Deepak Gupta...Applicant
In the matter between
Rahul Premraj Tupta & Anr....Petitioners
Versus
Deepika Deepak Gupta…Caveatrix

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WITH

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CHAMBER SUMMONS NO. 39 OF 2016

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IN

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CHAMBER SUMMONS (L) NO. 49 OF 2016 IN

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TESTAMENTARY PETITION NO. 955 OF 2015

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Pawan Deepak Gupta...Applicant
In the matter between
Rahul Premraj Tupta & Anr....Petitioners
Versus
Pawan Deepak Gupta …Caveator

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Mr. Sharan Jagtiani, a/w Mr. Suraj Iyer, i/b M/s. Ganesh & Co., for
the Applicants.

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1 of 3

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902-CST38-16+.DOC

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Mr. Ankoosh Mehta, a/w Vividh Tandon, Mr. Neerav Merchant, i/b
M/s. Cyril Amarchand Mangaldas, for the Petitioners.

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CORAM:G.S. PATEL, J
DATED:12th April 2016

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PC:-

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1.For the reasons set out in the Affidavits in Support, the
Chamber Summonses are made absolute in terms of prayer clause
(a) of each. The delay in filing the Caveat by the two Applicants is
condoned. Caveats along with their accompanying Affidavits in
Support to be filed and served no later than 29th April 2016 with no
possibility of an extension. In default, both Caveats will stand
dismissed without reference to the Court and will not be restored
thereafter.

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2.In addition, Mr. Mehta for the Petitioners says that the
Petitioners have had some difficulty in serving another heir, Mr.
Puneet Deepak Gupta, whose correct address is not fully known.
Mr. Jagtiani for the Applicants states on instructions that his
attorneys will accept service on behalf of Mr. Puneet Deepak
Gupta. Since they already have a copy of the Petition, they waive
service on a fresh copy of the Petition. Mr. Puneet Deepak Gupta
will also have time till 29th April 2016 to serve his Caveat and
Affidavit in Support thereof. Upon these Caveats and Affidavits
being filed, the Petition is to be renumbered as a Suit. A copy of the
complete Petition with all annexures is to be supplied to the
Advocates for the Caveators on or before 22nd April 2016.

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2 of 3

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902-CST38-16+.DOC

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3. This suit will be listed on 4th May 2016 for framing issues along with the Testamentary Suit No. 5 of 2016.

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4. Liberty to the parties to apply if necessary.

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(G. S. PATEL, J.)

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Rahul Premraj Tupta and Anr. v. Deepika Deepak Gupta (Caveatrix)

Case brief

What is this about?

What did the court decide?

Rahul Premraj Tupta and Anr. v. Deepika Deepak Gupta (Caveatrix)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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Rahul Premraj Tupta and Anr. Vs Pawan Deepak Gupta (Caveator)