Deborah P. Braggs Dsouza v. Sylvia A. Braggs (Caveator)

cst37.17-37

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.37 OF 2017 IN CAVEAT NO.18 OF 2017 IN TESTAMENTARY PETITION NO.1711 OF 2016 Mrs.Sylvia A.Braggs )...Applicant

IN THE MATTER BETWEEN :

Ms.Deborah P.Braggs D'souza )....Petitioner V/s.

Mrs.Sylvia A.Braggs )....Respondent ---- Mr.Santosh Mishra for the petitioner.

Mr.Pradeep J.Thorat for the applicant/Caveator. ---- CORAM : K.R.SHRIRAM,J DATE : 29.3.2017 P.C.:- This chamber summons is taken out to condone the delay of 7 days in filing the caveat. Mr.Santosh Mishra appearing for the petitioner strongly opposes.

Having considered the contents of the affidavit-in-support, I am inclined to condone the delay of 7 days. Delay condoned. Registry to take the caveat on record. Mr.Thorat appearing for the applicant/caveator states that the affidavit-in-support of the caveat though filed late is already lodged in the registry on 9.3.2017. Registry to take the same also on record.

Mr.Mishra for the KJ

cst37.17-37 petitioner confirms having received copy of the caveat and the affidavit-in-support only in court today. Registry to take steps to convert the petition to a suit in accordance with the Rule 403 of the Bombay High Court (O.S) Rules.

Chamber summons accordingly disposed.

Suit be listed for issues on 25.4.2017.

(K.R.SHRIRAM,J) KJ