Hema Baljitsingh Walia Alias Hemlata Harkisondas Mistry v. Charu Subash Shah Caveator

CST56.17-908

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.56 OF 2017 IN CTSL NO.125 OF 2017 IN TESTAMENTARY PETITION NO.891 OF 2016 Charu Subash Shah ....Applicant

IN THE MATTER BETWEEN :

Hema Baljitsingh Walia alias Hemlata H.Mistry ....Petitioner V/s.

Charu Subhash Shah ....Applicant Prop.Caveator ---- None for the petitioner.

Ms.Jyoti Mistry i/by M/s.S.K.Srivastav & Co. for caveator/applicant. ---- CORAM : K.R.SHRIRAM,J DATE : 28.4.2017 P.C.:- On 26.4.2017, since the name of the petitioner's advocate was not mentioned in the cause list, the matter was stood over to today. Today the cause list shows Kartik S.Aiyer as the advocate for the petitioner. Still, nobody is present for the petitioner. Ms.Jyoti Mistry appearing for the applicant tenders an affidavit of service of one Mr.Sandip Maruti Lad affirmed on KJ

CST56.17-908 27.4.2017 stating that when he visited the petitioner's advocate office on 23.3.2017, 24,3,2017 and 27.3.2017, the premises were found to be locked. It is also stated that thereafter the chamber summons and affidavit in support with the covering letter was served on the petitioner on 30.3.2017. Despite that nobody is present nor any affidavit in reply opposing the chamber summons is found in the record & proceedings.

Having considered the affidavit in support, in my view it is a fit case to condone the delay and direct the registry to take the caveat and affidavit in support of the caveat on record subject to removal of office objections.

In view of the caveat, registry to also convert petition into suit as required under Rule 403 of the Bombay High Court (O.S) Rules and list the suit for issues on 13.6.2017. Chamber summons accordingly disposed.

(K.R.SHRIRAM,J) KJ