Notice of motion seeking condonation of 10-days delay in filing caveat was made absolute. Affidavit in support filed and served by 7th April 2016. No extensions permitted.
Notice of motion for condonation of delay in filing caveat allowed; to file affidavit in support and serve it by 7th April 2016.
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6-NMT67-16.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO. 67 OF 2016
IN
CAVEAT (L) NO. 300 OF 2015
IN
TESTAMENTARY PETITION NO. 525 OF 2015
Nafisabai Abbasbhai Tambawala & 2 Others…Applicants
In the matter between
Zainuddin Hakimudding Arzoo...Plaintiff
Versus
Nafisabai Abbasbhai Tambawala & 2 Others…Defendants
Mr. S.R. Saudagar, for the Petitioner.
Mr. U. Kazi, i/b Mr. Waquar Ahmad, for the Defendants/ Caveators.
CORAM: G.S. PATEL, J DATED: 4th April 2016
PC:-
1.The Notice of Motion seeks that a delay of 10 days in filing
the Caveat be condoned. On the last occasion when the matter was
taken up, the Affidavit in Support of the Notice of Motion was not
then ready. It has since been prepared.
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6-NMT67-16.DOC
2.In view thereof, and for the reasons set out in the Affidavit in
Support, the present Notice of Motion is made absolute in terms of
prayer clause (a).
3.Affidavit in Support of the Caveat to be filed and served on
or before 7th April 2016. All office objections will also be removed
by that date. In default, the Caveat will stand dismissed forthwith
without further reference to the Court and will not thereafter be
restored under any circumstances. No extensions of time are
permitted.
4.Only since the Affidavit in Support is now ready and since
the Advocate for the Defendants/Caveators specifically agrees to
comply with these directions as to time and further agrees and
undertakes not to even seek an extension of time under any
circumstances, there will be no order as to costs.
(G. S. PATEL, J.)
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Nafisabai Abbasbhai Tambawala & 2 Others
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court