Single judge allowed interim application for condonation of 44-day delay in filing affidavit supporting a testamentary caveat, while clarifying that condonation does not imply acceptance of affidavit contentions.
Interim application allowed; affidavit to be filed by e-filing on or before 2nd May 2023.
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.
Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2023.04.26 11:39:30 +0530
1 (14) IA-1273.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO.1273 OF 2023
IN
CAVEAT (L) NO.36711 OF 2022
IN
PETITION NO.2055 OF 2022
Bansri Jay Dedhia : Applicant/Caveator No.3 In the matter between Premila Bharat Shah and anr. : Petitioners versus Paresh Vasantlal Shah and ors. : Caveators.
Mr. Bhavin Gada a/w Mr. Sumeet Bhansod i/by Law Loyals for the Applicant. Ms. Anjana Modhave for the Petitioner in Petition No.2055 of 2022.
CORAM : ARIF S. DOCTOR, J. DATE : 24th APRIL 2023
P.C. :
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fairness, oppose the present Interim Application for condonation of delay, however, she submits that the contentions stated in the Affidavit in support of the Caveat are false. Naturally this is a question that will have to be determined in the course of hearing of what will be now called converted Testamentary Suit.
allowed in terms of prayer clause (a) which reads thus :-
in accordance with law.
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(ARIF S. DOCTOR, J.)
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1 issue framed by the court
Whether condonation of delay in filing affidavit implies acceptance of its contentions.
1 provisions across 1 enactments
Bansri Jay Dedhia
Premila Bharat Shah
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
