In an uncontested testamentary suit, the High Court of Bombay allowed probate proceedings to proceed expeditedly after all caveators withdrew their caveats from the record.
Order the Testamentary Petition to proceed as an uncontested Petition and direct the Registry to issue probate on an expedited basis before 29th July 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.
902-TS64-06.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 64 OF 2006
IN
TESTAMENTARY PETITION NO. 784 OF 2006
Minaxi Kishore Mehta…Plaintiff
Versus
Kiron D. Sanghvi, through his C.A. Sunil Dalal & …Defendants
2 Others
Ms. Sonal, i/b M/s. Zohair & Co., for the Plaintiff.
Mr. Jayant Sanghavi, Defendant No. 3, in person.
CORAM:G.S. PATEL, J
DATED:28th June 2016
PC:-
1.There were three Caveators. The 3rd Caveator is personally
present in Court today. His name is Mr. Jayant Dwarkadas Sanghvi.
He tenders a sworn Affidavit, dated 21st June 2016, withdrawing his
Caveat. That Affidavit is taken on record.
2.The 1st and 2nd Caveators, Kiron D. Sanghvi and Balkishan
D. Sanghvi, have also withdrawn their Caveats on 15th April 2015
and 4th August 2011 respectively.
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28th June 2016
902-TS64-06.DOC
3.Ms. Sonal for the Plaintiff states that since now there is no
surviving Caveat, the Testamentary Petition for probate should now
be allowed to proceed as an uncontested Petition. The application is
reasonable.
4.All Caveats having been withdrawn, the Petition to proceed as
an uncontested Petition for the grant of probate.
5.Having regard to the year of filing, the Registry is directed to
give this matter priority and to issue probate on an expedited basis,
preferably before 29th July 2016.
6.Formal drawing up of the order or decree regarding
withdrawal of all three Caveats is dispensed with.
7. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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28th June 2016
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court