Dipakshi Khaira And ANR v. Indu Bhatia (Caveator)

16-NMTL-128-2016.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.128 OF 2016 WITH CAVEAT (L) NO.222 OF 2015 IN TESTAMENTARY PETITION NO.808 OF 2014 Mrs. Indu Bhatia ... Applicant In the matter between Ms. Dipakshi Khaira and Another ... Petitioners And Mrs. Indu Bhatia ... Caveator Mr. B.G. Saraf, for the Applicant.

Mr. E.K. Sasidharan, for the Caveator.

CORAM: G.S. PATEL, J DATED:

22nd July 2016 PC:- 1.

On the footing that on another day he might well find himself on the wrong side of a similar application, Mr. Saraf does not press for costs in relation to the delay sought to be condoned. 2.

For the reasons set out in the Affidavit in Support, the Notice of Motion is made absolute in terms of prayer clause (a), (b) and (c), in the manner that I have numbered them myself in Court (since the 22nd July 2016

16-NMTL-128-2016.DOC Applicant has used some other, extremely imaginative, numbering method).

3.

The Caveator is allowed to file a further Affidavit in support of the Caveat. All objections in the Caveat are to be removed on or before 5th August 2016. Further Affidavit in Reply to be filed and served on or before 12th August 2016. Given the delay, there will be no further extensions under any circumstances. 4.

In default, the Caveat will stand dismissed and discharged without further reference to the Court. On compliance, the Petition will be renumbered as a Suit and will be placed on 19th August 2016 for framing issues.

(G. S. PATEL, J.) 22nd July 2016