A court approved the withdrawal of a caveat filed in a testamentary suit. Following the withdrawal, the petition was ordered to proceed to grant and the suit was disposed of.
Caveat allowed to be withdrawn; petition to proceed to grant; suit disposed.
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.
1 ts 24.2016.doc
1/2
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 24 OF 2016 IN TESTAMENTARY PETITION NO. 1940 OF 2014
Mukesh Lachhmandass Talreja....Plaintiffs
and Anr.
Vs.
Vijay Murlidhar Talreja....Defendant
Mr. Farhan Dubash, Ms. Viloma Shah, Mr. Dhiren Durante i/by
Hariani & Co. for the Plaintiffs.
Ms. Bhairavi Pathak i/by I.R. Joshi & Co. for the Defendant.
Mr. Vijay Talreja – Defendant present
Coram : Shri. A.K. Menon, J.
Date : 6th November 2019
P.C.:
1. The sole Caveator and his advocate are present. On
instructions, the learned advocate for the defendant- sole caveator
states that the Caveator is not interested in prosecuting the caveat.
Since he is present in the court, he has confirmed that he is not
interested in contesting the will.
2/2 1 ts 24.2016.doc
Dusane
2.Accordingly, the learned counsel for the defendant seeks
to withdraw the Caveat. In view thereof, the following order is
passed:
O R D E R
I)The Caveat is allowed to be withdrawn.
II)In view of withdrawal of Caveat, the petition shall now
proceed to grant.
III)The suit is disposed in above terms.
( A.K. Menon, J)
Mukesh Lachhmandass Talreja
Vijay Murlidhar Talreja
Vijay Talreja
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court