Prashant Sudhakar Pawaskar. v. Dilip Dattatray Pawaskar And ORS.

45-NMT-742014.DOC ars

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 74 OF 2014 IN TESTAMENTARY SUIT NO. 40 OF 2005 IN TESTAMENTARY PETITION NO. 20 OF 2005 Prashant S. Pawaskar ...Applicant In the matter between Prashant S. Pawaskar ...Plaintiff

Versus

Dilip D. Pawaskar ...Defendant Mrs. A.S. Malvankar, for the Plaintiff/Applicant. Mr. K.M. Jawale, for the Defendant.

CORAM: G.S. PATEL, J DATED:

5th January 2015 PC:- 1.

For the reasons set out in the Affidavit in Support and despite vehement opposition by the learned advocate for the Defendants, Notice of Motion is made absolute in terms of prayer clause (a) and (b).

45-NMT-742014.DOC 2.

It appears that the applicant was under the bona fide belief that the matter still pending at the stage of framing issues. Giving the delays typical of matters in the Testamentary Jurisdiction, that is not an unreasonable supposition on the part of the Applicant. 3.

Learned advocate for the Defendant prays for costs since the delay is of six years. The Applicant shall pay Rs.600/- as costs. (G. S. PATEL, J.)