This order dismisses a chamber summons seeking framing of additional issues in a testamentary suit when the caveat petitioner withdraws the application to proceed via summons.
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cst66-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
CHAMBER SUMMONS NO.66 OF 2017 IN TESTAMENTARY SUIT NO.29 OF 2013 IN
TESTAMENTARY PETITION NO.1311 OF 2012
Ranjana Rameshchandra Jethwa ....Applicant Original Defendant IN THE MATTER BETWEEN Bharat Amratlal Bhagat ....Plaintiff Original Petitioner vs. Ranjana Rameshcahdnra Jethwa ....Defendant Original Caveatrix
Mr. Zain Mookhi, a/w. Mr. R.A. Shah and Ms. Neha Lakshman, i/b. Orig. Petitioner/Plaintiff.
Mr. Anand Kumar, for the Applicant/Caveatrix.
CORAM : S.C. GUPTE, J.
DATED: 30 OCTOBER, 2017
P.C. :
. The present Chamber Summons seeks framing of additional issues. The present Testamentary Suit seeks probate of a will dated 24 November 1997 executed by the deceased. The Defendant Caveatrix has inter alia raised a defence that this will has been revoked by later wills executed by the deceased. The Defendant caveatrix has also filed two
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cst66-17.doc
separate petitions seeking probate of the later wills. After the matter is heard at some length, and particularly after learned Counsel for the Plaintiff refers to the judgment of this Court in Venidas Nemchand vs. Bai Champabai1 and Keval Krishna Hitkari vs. Rajesh O. Kakar2 , learned Counsel for the Defendant Caveatrix seeks leave to withdraw the Chamber Summons and prosecute her case of revocation of the will, being the subject matter of the present Testamentary Suit, in her own Testamentary Petitions seeking probate of the subsequent will/s. The Chamber Summons is dismissed as withdrawn accordingly with liberty as prayed.
( S.C. GUPTE, J. )
1 AIR 1930 Bom 29
2 TS2/2001 arising from Petition No.228/98, Coram: D.Y. Chandrachud, J. dated 10 March 2006.
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Bharat Amratlal Bhagat
Ranjana Rameshchandra Jethwa
S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
