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Bombay High CourtCST/110/2018disposed off

Sajjan Paul Konikkara v. Anna Felix Madiath (Caveator)

2019-01-22Hon'Ble Shri Justice R.D. Dhanuka2 pages

29-cst-110-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.110 OF 2018 IN CAVEAT (L) NO.204 OF 2018 IN TESTAMENTARY PETITION NO.608 OF 2016 Anna Felix Madiath ...Applicant vs.

Sajjan Paul Konikkara

...Respondent/

Ori. Petitioner.

Mr. A.J. Almedia, for the Applicant.

Mr. D. Shukla, for the Original Petitioner.

CORAM : R.D. DHANUKA, J.

DATE :

JANUARY 22, 2019 P.C.:

.

Heard learned counsel for the parties.

2.

There is delay of 10 days in filing of the caveat and also affidavit in support of the Caveat by the Applicant. The delay is sufficiency explained in the reasons set out in the affidavit in support of the Chamber Summons.

3.

For the reasons recorded in the affidavit in support of Chamber Summons, the Chamber Summons is made absolute in terms of prayer clause (a).

4.

Office is accordingly directed to accept the caveat and affidavit in support of the caveat to Petition No. 608 of 2016 and Vishal Parekar 1/2

29-cst-110-2018.doc convert the Petition into a Testamentary suit. 5.

Chamber Summons is made absolute in the aforesaid terms.

6.

No order as to the costs.

(R.D. DHANUKA, J.) Vishal Parekar 2/2