Herkishin Kishore Shankerdas Mahboobani v. Amar Shankerdas Mahboobani (Caveator)

34-CST113-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 113 OF 2016 IN CAVEAT NO. 240 OF 2016 IN TESTAMENTARY PETITION NO. 395 OF 2016 Herkishin Kishore Shankerdas Mahaboobani

...Petitioner

And Amar Shankardas Mahboobani ...Caveator Mr. Amey Devasthale, i/b Hariani & Co., for the Petitioner Mr. Yahya Goghari, a/w Smita Sawant, i/b Dave & Co., for the Applicant/Caveator.

CORAM: G.S. PATEL, J DATED:

26th September 2016 PC:- 1.

For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). Delay in filing the Affidavit in Support is condoned. 2.

A Caveat has already been filed. The Affidavit in Support is to be filed and served on or before 30th September 2016 with no possibility of an extension, even on payment of costs. This is a final 26th September 2016

34-CST113-16.DOC opportunity to the Applicant. If the supporting affidavit is not filed and served by that date, the Caveat will stand discharged without further reference to the court.

3.

In the event that the supporting Affidavit is filed and served by 30th September 2016, the Petition to be renumbered as a suit and the suit to be listed on 21st October 2016 for framing issues and for further directions.

4.

The Chamber Summons is disposed in these terms. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 26th September 2016