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Bombay High CourtCST/102/2016disposed off

Rashes Somabhai Thakkar And ANR. v. Manisha Bhupendra Pandya (Caveator)

2016-10-14Hon'Ble Shri Justice G.S. Patel2 pages

26-CST102-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 102 OF 2016 IN CAVEAT (L) NO. 402 OF 2015 IN TESTAMENTARY PETITION NO. 526 OF 2015 Rashes Somabhai Thakkar & Anr.

...Plaintiffs

Versus

Manisha Bhupendra Pandya ...Caveatrix None for the Plaintiffs.

Mrs. Manisha B. Pandya, Caveator-in-person/Applicant, present. CORAM: G.S. PATEL, J DATED:

14th October 2016 PC:- 1.

The Chamber Summons by the Caveatrix is to condone a delay in filing the Caveat. The Chamber Summons is served. The Affidavit of Service is taken on file.

2.

None appears for the Petitioner to show cause despite service. The Chamber Summons is made absolute in terms of prayer clauses (b) and (c). All delays are condoned. The Caveat has already been filed. The Affidavit in Support of the Caveat is to be filed on or 14th October 2016

26-CST102-16.DOC before 24th October 2016. If filed on time, the Petition to be renumbered as a suit and the suit to be listed on 16th November 2016 for framing issues and for further directions. Should the Affidavit in Support of the Caveat not be filed on time, the Caveat will stand discharged without further reference to the Court and will not be restored thereafter; and the applicant will not be entitled to apply for a further condonation of delay. There will be no extensions of the time afforded by this order. The Applicant is refused liberty to move the Vacation Court.

3.

The Chamber Summons is disposed of in these terms. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 14th October 2016