Mrs Harbhajan Kaur Kalra And Another v. Jasvinder Kaur Machra And Arvinder Kaur Kalra Caveator

56-CST82-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 82 OF 2016 IN CAVEAT (L) N O. 147 OF 2016 IN TESTAMENTARY SUIT NO. 42 OF 2015 IN TESTAMENTARY PETITION NO. 1553 OF 2014 Mrs. Harbhajan Kaur Kalra & Anr.

...Plaintiffs

Versus

Jasvinder Kaur Machra & Arvinder Kaur Kalra ...Defendants Mr. A.R. Bapat, for the Plaintiffs.

Ms. Pooja Kshirasagar, i/b Mr. Ritesh K. Jain, for the Caveator. CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

There is a delay of about 15 months in filing the Caveat. Mr. Bapat mounts a most vigorous opposition. He says that there are no reasons given and there are no particulars of the alleged matrimonial turmoil of which the Affidavit in support speaks. 21st June 2016

56-CST82-16.DOC 2.

I see no reason at this stage to disbelieve the Applicant. Apart from anything else, there is another Caveat and this Petition has already been renumbered as a Suit. Mr. Bapat says that that Caveat is likely to be shortly withdrawn. However, that is a matter that is equally uncertain and without particulars.

3.

I do not see how any prejudice would be caused to the Plaintiff if this application is allowed given that there is, as of today, already a pending contest to the Petition.

4.

In this view of the matter, the Chamber Summons is made absolute in terms of prayer clause (a). List the Suit for framing issues on 8th July 2016.

(G. S. PATEL, J.) 21st June 2016