Allowed

Pankaj Kanaksji Khimji v. Kalpana Madhuri K Khimji

Bombay HC19 Jul 2024IA/1842/2024

Case brief

AI extract

What is this about?

Single Bench interim application seeking condonation of one-day delay in filing a caveat due to technical glitches. The Court condoned the delay and allowed the applicant to file the first-tendered caveat with one affidavit, permitting inclusion of age and dispensing with re-verification.

What did the court decide?

Delay condoned; caveat allowed; one affidavit permitted; age insertion allowed; re-verification dispensed with.

Pankaj Kanaksji Khimji vs Kalpana… — Constitutional and Fundamental Rights | Bombay HC (2024)

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2024:BHC-OS:10616

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7 ia 1842 of 2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1842 OF 2024 IN CAVEAT (L) NO.24977 OF 2023 IN

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TESTAMENTARY PETITION NO.2185 OF 2023

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... Pankaj Kanaksi Khimji Applicant/Caveator versus … Kalpana Madhuri Kanaksi Mhimji and Anr. Petitioners/Respondents

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Ms. Fereshte Sethna with Mr. Ameya Pant, Ms. Coral Shah i/by DMD Advocates, for Applicant.

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Mr. Karl Tamboly with Mr. Parimal Shroff, Mr. D.V.Deokar, Mr. Sachin Pandey i/by M/s. Parimal K. Shroff and Co., for Petitioners.

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CORAM: N.J.JAMADAR, J.

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DATE : 19 JULY 2024

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P.C.

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Heard the learned Counsel for the parties.

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This is an application for condonation of one day delay in filing a Caveat in TP No.2185 of 2023. In the application, it is averred that on account of technical glitches, the caveat could not be filed within the prescribed period.

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Learned Counsel for the Petitioner submits that, in fact, the applicant/Caveator has filed two caveats and there is no explanation in the application.

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Learned Counsel for the Applicant submitted that there is only one

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caveat.

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In any event, having regard to the period of delay and the reasons SSP 1/2

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7 ia 1842 of 2024.doc assigned in the application for condonation of delay, I am inclined to condone the delay and allow the applicant to file Caveat which was tendered first in point of time.

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Registry to accept the Caveat which was tendered first in point of time.

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By way of abundant caution, it is clarified that the applicant shall be permitted to file only one Affidavit in support of the Caveat filed first in point of time.

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The Caveator is permitted to insert the age of the Caveator.

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Re-verification is dispensed with.

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The Application stands disposed.

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( N.J.JAMADAR, J. )

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SSP 2/2

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 19/07/2024 17:35:46

Pankaj Kanaksji Khimji v. Kalpana Madhuri K Khimji

Case brief

What is this about?

What did the court decide?

Pankaj Kanaksji Khimji v. Kalpana Madhuri K Khimji

Case brief

What is this about?

What did the court decide?

What the court decided

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