Application seeks dismissal of a caveat filed by a son in testamentary probate proceedings before citation service. The court holds that since no rule prohibits filing a caveat prior to lodging testamentary proceedings, the motion is dismissed. Caveat stands.
Motion for dismissal of the caveat filed by the respondent was dismissed.
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.
NMT49_17.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
(IN ITS TESTAMENTARY AND INTESTATE JURISDICTION) NOTICE OF MOTION NO.49 OF 2017
IN
TESTAMENTARY SUIT NO.5 OF 2017
IN
PETITION NO.1495 OF 2016
| Gautam Rasiklal Ashra | … | Applicant |
|---|---|---|
| In the matter of | ||
| Gautam Rasiklal Ashra | … | Petitioner / Plaintiff |
| Vs. | ||
| Bharat Rasiklal Ashra | … | Respondent / Defendant |
Ms Priyanka Kothari with Mr. Ayaz Bilawala and Ms Neha Bhatt i/b. Bilawala and Co. for Plaintiff.
Mr. Sumeet Moholkar for Defendant.
CORAM : R. G. KETKAR, J. DATE : AUGUST 9, 2017
P.C. :
Heard Ms Kothari, learned Counsel for the petitioner / plaintiff and Mr. Moholkar, learned Counsel for respondent / defendant.
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NMT49_17.sxw
Court in the case of Captain Makhan Lal Barua @ M. L. Barua , 2014 (2) Bom.C.R.144 , and in particular paragraphs 9 and 10 thereof. In paragraph 10, this Court held that time to file Caveat within 14 days commences from the date of service of citation upon the next of kin. She, therefore, submitted that Motion may be made absolute in terms of prayer clause (a).
(R. G. KETKAR, J.)
Minal Parab
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2 issues framed by the court
Whether a caveat filed before service of citation in testamentary proceedings is maintainable despite a stated Bombay High Court rule requiring filing after citation service.
Whether the petition is entitled to relief of dismissal of the caveat on the grounds of premature filing by the respondent.
Colour shows how this judgement treated each authority
Captain Makhan Lal Barua @ M. L. BaruaReferred¶15
Captain Makhan Lal Barua @ M. L. Barua, 2014 (2) Bom.C.R.144 · Who else cites this
Abhiraji Vs. VimalDistinguished¶19
Abhiraji Vs. Vimal, 2010 (3) Mh.L.J. 28 · Who else cites this
Gautam Rasiklal Ashra
Bharat Rasiklal Ashra
R. G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
