Markand Balabhai Desai v. Arun Balabhai Desai And 2 ORS. (Caveators)

38-CST60-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 60 OF 2016 IN TESTAMENTARY SUIT NO. 10 OF 2016 IN TESTAMENTARY PETITION NO. 681 OF 2015 Markand Balabhai Desai ...Plaintiff

Versus

Arun Balabhai Desai & 2 others ...Defendants Ms. Yogini Gada, i/b M/s. Harakchand & Co., for the Plaintiff. Mr. Nilesh Makwana, i/b Mr. Sunil Rawal, for Defendants Nos. 2 and 3.

CORAM: G.S. PATEL, J DATED:

18th April 2016 PC:- 1.

This Chamber Summons is a triumph of enthusiasm over pragmatism. No Chamber Summons was necessary. A simple application for directions on a praecipe would have sufficed. However, now that this Chamber Summons has been so diligently filed, it will be equally sedulously dealt with. Prayer clause (b) is rejected.

38-CST60-16.DOC 2.

By consent, the Suit is taken up for framing issues and for issuing the necessary directions.

3.

In view thereof, the Chamber Summons does not survive and is disposed of accordingly.

(G. S. PATEL, J.)