Caveator in a testamentary suit sought to withdraw the connected suit and the caveat. The suit was disposed of as withdrawn, and with the caveat withdrawn, the testamentary petition became uncontested; probate was granted and directed to be issued expeditiously.
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.
901.S.1367.2002.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1367 OF 2002
Rekhaben S. Karia (Since decease) & Anr.
...Plaintiffs
Versus
Laxmi Tarun Kumar Khakhar & Ors.
...Defendants
WITH
SHRIKANT SHRINIVAS MALANI
Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.05.08 10:59:57 +0530
TESTAMENTARY SUIT NO. 27 OF 2005
IN TESTAMENTARY PETITION NO. 124 OF 2005
CORAM : MANISH PITALE, J.
DATE : 07th MAY, 2024
P. C. :
seeks permission to withdraw Suit No. 1367 of 2002 and also seeks permission to withdraw the caveat in Testamentary Suit No. 27 of 2005.
Page1 of 2
Shrikant Malani
901.S.1367.2002.doc
No. 27 of 2005, is converted back to the Testamentary Petition No. 124 of 2005. In the light of the withdrawal of the caveat, the testamentary petition is now an uncontested proceeding, and therefore, the testamentary petition is allowed and probate is granted.
(MANISH PITALE, J.)
Page2 of 2
Shrikant Malani
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
