This order restored a dismissed testamentary petition to the file as a suit following the filing of a caveat. The court directed framing of issues on 22 April 2016.
Notice of Motion allowed; Petition restored to file and renumbered as Suit; List for framing issues on 22 April 2016.
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.
906-NMT37-16.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION
NOTICE OF MOTION NO. 37 OF 2016
IN
TESTAMENTARY PETITION NO. 210 OF 2012
Sumana S. Chandavarkar & Anr.…Petitioners
Versus
Sunderbai Mangeshrao Bhatkal & Anr....Defendants
Mr. S.G. Mahamuni, i/b Mr. Deepak Thakre, for the Petitioners.
Ms. Aparna Harish Rane, Caveator in person.
CORAM: G.S. PATEL, J DATED: 5th April 2016
PC:-
1.The Petition was filed on 13th September 2011. After the
citation was served, even though the Petition was then still under
objections, a caveat was lodged on 15th January 2015. The
accompanying Affidavit in Support of the Caveat was filed on 22nd
January 2015.
2.The Caveat having been filed, it was no longer possible for
the Petitioner to remove any remaining objections. Yet, by a
common order, the Petition came to be dismissed instead of being
1 of 2
906-NMT37-16.DOC
renumbered as a Suit which should have been the normal course on
that Caveat and Affidavit in Support being filed.
3.There is admittedly a delay in filing this Notice of Motion for
restoration of Petition. However, having regard to the
circumstances of the case, the Petition is restored to the file
forthwith. It is now to be numbered as the Suit since the Caveator,
Ms. Aparna Harish Rane, has filed a Caveat and Affidavit in
Support.
4. The Court Fee has been paid.
5. List the Suit for framing issues on 22nd April 2016.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether a testamentary petition dismissed due to a caveat filed after objection should be renumbered as a suit and restored.
Sumana S. Chandavarkar & Anr.
Sunderbai Mangeshrao Bhatkal & Anr.
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court