Miss Godavari Alias Minoo Choitram Bachwani v. Gangaram Lalchandpursnani

50-CST84-14.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 84 OF 2014 IN TESTAMENTARY PETITION NO. 445 OF 1996 Miss Godavari alias Minoo Choitram Bachwani

...Petitioner

Versus

Gangaram Lalchandpursnani ...Caveator Mr. D.R. Mishra, for the Petitioner.

None for the Caveator.

CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clause (a). 2.

If not already done, a Caveat and Affidavit in Support are to be filed and served on or before 5th July 2016, with no possibility of an extension, even on payment of costs. This is a final opportunity to the Applicant. If the caveat and supporting affidavit are not filed and served by that date, the Petition will proceed without further reference to the Court as an uncontested Petition. 21st June 2016

50-CST84-14.DOC 3.

In the event that the Caveat and its supporting Affidavit are filed and served by the date mentioned above, the Petition to be renumbered as a Suit, which is then to be listed on 20th July 2016 for framing issues and for further directions. 4.

Mr. Mishra states that there is another contested Testamentary Suit No. 43 of 1996 propounding a later Will. That trial is under way. The trial in this Suit will have to await the outcome of Testamentary Suit No. 43 of 1996. Therefore, while issues can be framed in this suit, the trial itself will not proceed pending the result of Testamentary Suit No. 43 of 1996. 5.

The Chamber Summons is disposed of in these terms. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 21st June 2016