Barkha Ranbir Singh Saluja v. Harbhans Singh Arora (Caveator)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.23 OF 2017 WITH CAVEAT (L) NO.16 OF 2017 IN TESTAMENTARY PETITION NO.725 OF 2016 Mr. Harbans Singh Arora ....Applicant/Respondent

IN THE MATTER BETWEEN :

Mrs. Barkha Ranbir Singh Saluja ....Petitioner Vs.

Mr. Harbans Singh Arora ....Respondent/Caveator ---- Mr. Jaikumar N. Shiradhonkar for petitioner.

Mr. Ajit J. Shobhawat for applicant/cavetor.

---- CORAM : K.R.SHRIRAM, J.

DATE : 5th APRIL, 2017 P.C.:

This chamber summons is to condone the delay of 62 days in filing the Caveat. Mr. Shiradhonkar, counsel for petitioner states that there is no satisfactory explanation in the affidavit in support for the delay. Have heard the counsel and also considered the affidavit in support. In paragraphs 2 and 3 the affiant has explained the reason for the delay and in my view, it is not something that can be brushed aside. Therefore, the delay is condoned. The chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). Gauri Gaekwad

2/2 29.CST-23-2017.doc The registry to take the Caveat on record and also the affidavit in support of the Caveat which Mr. Shobhawat, counsel for applicant states have already been lodged in the registry.

Mr. Shobhawat, counsel for applicant states that he will serve a copy of the Caveat and affidavit in support of the Caveat upon the advocate for petitioner during the course of this week itself. Registry to take steps to convert the petition into suit and list the same for issues on 2nd May, 2017.

(K.R. SHRIRAM, J.) Gauri Gaekwad