Kokilaben Niranjan Patel And ANR v. Somabhai Motibhai Patel

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.41 OF 2014 IN TESTAMENTARY PETITION NO.1350 OF 2012 Brahmesh Somabhai Patel ....Applicant/Org. Caveator

IN THE MATTER BETWEEN :

Kokila Niranjan Patel & Ors.

....Petitioners Vs.

Somabhai Motibhai Patel ....Deceased ---- Mr. Prakash Shinde i/b. MDP and Partners for the petitioner. Ms. Shaista Pathan i/b. M/s. Yusufs and Associates for the applicant/ original caveator.

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

DATE : 25th JANUARY, 2017 P.C.:

Have considered the affidavit in support, affidavit in reply and affidavit in rejoinder. The explanation for the delay is after the arbitration award was published, it being a family dispute, many of the relatives were trying to resolve the disputes between the parties. It is also stated in the affidavit in rejoinder that no citation was even served upon the applicant. There is no affidavit denying that averment.

Therefore, the delay is condoned. The registry is directed to take on file Caveat and affidavit in support of the applicant and convert the petition into suit.

Gauri Gaekwad

2/2 22.CST-41-2014.doc The chamber summons accordingly stands disposed. (K.R. SHRIRAM, J.) Gauri Gaekwad