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Bombay High CourtNMT/105/2016disposed off

Shri Dilip Bajirao More And 3 ORS v. Ashok Bajirao More (Caveator)

2016-06-20Hon'Ble Shri Justice G.S. Patel2 pages

89-NMT-105-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.105 OF 2016 ALONG WITH CHAMBER SUMMONS (L) 175 OF 2015 ALONG WITH CAVEAT NO.342 OF 2015 IN TESTAMENTARY SUIT NO.13 OF 1992 IN TESTAMENTARY PETITION NO.51 OF 1992 Ashok B. More ... Applicant In the matter betweem Dilip Bajirao More & Ors.

... Plaintiffs

Versus

Ashok Bajirao More ...Defendant Mr. Prabhu Vellar, for the Applicants.

CORAM: G.S. PATEL, J DATED:

20th June 2016 PC:- 1.

This is a Notice of Motion that seeks, first, that a delay of 15 days in its filing be condoned; and, second, that an order of 8th 20 June 2016

89-NMT-105-2016.DOC December 2015 dismissing Chamber Summons (L) No.175 of 2015 be recalled. That Chamber Summons sought that a delay of 10 days in filing the Caveat be condoned, and that an order dated 25th January 2016 dismissing the Caveat be set aside. In short, this is a delayed Motion that seeks the restoration of Chamber Summons that sought condonation of a delay in filing the Caveat. 2.

There have been altogether too many defaults by the Caveator. I intend to condone them once and for all by this order, as a final opportunity. Consequently: the Notice of Motion is made absolute. The order of 8th December 2015 is recalled. Chamber Summons (L) No. 175 of 2015 is restored to file. It is called out and taken up forthwith. For the reasons set out in its Affidavit in Support, the Chamber Summons is made absolute. The order of 25th January 2016 is recalled. The delay in filing the Caveat is condoned. The Caveat is restored to file.

3.

Thus, all delays are condoned and Caveat No.342 of 2015 is restored to file. The Affidavit in Support of the Caveat having been filed, the Petition will now be renumbered as Suit and be set down for framing issues on 5th August 2016.

4.

All objections in the Caveat are to be removed on or before 1st July 2016 without any possibility of a time-extension. 5.

This order disposes of Notice of Motion No.105 of 2016 and Chamber Summons (L) No.175 of 2016.

(G. S. PATEL, J.) 20 June 2016