Bhagwati Alias Alpa Anil Bhatia And ANR v. Bharat Jayraj Ved And 3 ORS
905-TS77-13.DOC ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 77 OF 2013 IN TESTAMENTARY PETITION NO. 566 OF 1998 WITH NOTICE OF MOTION NO. 58 OF 2015 Bhagwati Alias Alpa Anil Bhatia & Another ...Plaintiffs
Versus
Bharat Jayraj Ved & Others ...Defendants Ms. R. C. Nichani, for the Plaintiff/Applicant. Ms. Mamta Sadh, i/b S. G. Lakhani, for the Caveators Nos. 1 to 3. CORAM: G.S. PATEL, J DATED:
19th September 2016 PC:- 1.
There were four Caveats. The first Caveat was filed by one Mr. Pankaj G. Kapadia in May 2010. On 24th August 2011, he filed an Affidavit withdrawing his Caveat and consenting to the grant of probate.
2.
Today, Ms. Sadh appears for the remaining three Caveators, viz., Bharat Jayraj Ved, Mrs. Aruna K. Chokshi and Kirti Ashokkumar Ashar. She files Affidavits dated 19th September 2016 19th September 2016
905-TS77-13.DOC of all three Caveators. All three are present in Court. In these Affidavits, all three Caveators withdraw their oppositions to the grant of probate.
3.
All four Caveats are thus discharged. The Petition is now an uncontested petition for probate and will proceed as such. 4.
The Registry is to proceed with the grant of probate expeditiously. Given that the Petition is of 1998, I expect the necessary procedures to be completed, if possible, by 27th October 2016 and, in any event, no later than by 30th November 2016. 5.
In view of this, the Notice of Motion does not survive and disposed as such.
6.
All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 19th September 2016