Udaykumar Dayanand Shetty v. Mamatha Pravinkumar Shetty And ANR. (Caveator)

CST30.17-34

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.30 OF 2017 IN CAVEAT (L) NO.451 OF 2016 IN TESTAMENTARY PETITION NO.213 OF 2016 Smt.Mamatha Pravinkumar Shetty & Anr.

....Applicant

IN THE MATTER BETWEEN :

Udaykumar Dayanand Shetty ....Petitioner V/s.

Smt.Mamatha Pravinkumar Shetty & Anr.

....Caveators ---- Mr.S.G.Bhandary i/by Bhandary & Bhandary for the petitioner/applicant.

Mr.Jagdish Kumar Sanjeev Hegde for the applicant/caveator. ---- CORAM : K.R.SHRIRAM,J DATE : 29.3.2017 P.C.:- This chamber summons is to condone the delay of 176 days in filing the affidavit in support of the caveat. Indisputably, the caveat was filed within time.

I have considered the affidavit in support and also affidavit in reply filed by the petitioner. Also heard counsel appearing for the applicant and the petitioner. The petitioner is the executor and the son-in-law of the deceased. The caveators are the widowed, daughter-in-law and grand son of the deceased. The husband of the KJ

CST30.17-34 caveator no.1 predeceased the deceased.

Considering the facts and circumstances of the case, I am inclined to condone the delay. Delay condoned. Accordingly, Chamber summons dispsoed.

Registry to accept the affidavit in support of the caveat. Mr.Bhandary appearing for the petitioner confirms having received the copy of the affidavit. Registry to take steps in accordance with Rule-402 of the High Court (O.S) Rules.

Stand over to 25.4.2017 for issues.

(K.R.SHRIRAM,J) KJ