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Bombay High CourtCST/36/2016disposed off

Shri Uday Rajaram Manjrekar v. Annapurna Arun Kerkar (Caveator)

2016-03-22Hon'Ble Shri Justice G.S. Patel2 pages

918-CST36-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 36 OF 2016 IN CAVEAT NO. 21 OF 2016 IN TESTAMENTARY PETITION NO. 604 OF 2015 Shri Uday Rajaram Manjrekar

...Petitioner

Versus

Annapurna Arun Kerkar ...Caveatrix/ Applicant Mr. Preet J. Chheda, i/b Divya Shah Associates, for the Caveatrix/Applicant.

CORAM: G.S. PATEL, J DATED:

22nd March 2016 PC:- 1.

Heard.

2.

The Caveat in this matter came to be filed in rather unusual circumstances. It seems that the Caveator (the present Applicant) was never actually served with a citation. Anticipating the Testamentary Petition, the Caveator filed "a proposed Caveat". That Caveat was, therefore, in time. The Caveator did not,

918-CST36-16.DOC however, had a copy of the Petition and obtaining that copy from the Court Registry took some time. Hence, the delay. 3.

For these reasons and for the reasons also set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

4.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)