Shahana Begum v. Anwarali Akhtarali Khan - Caveator

kvm 1/2 3-CST90.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 90 OF 2018 IN CAVEAT NO. 109 OF 2018 IN TESTAMENTARY PETITION NO. 577 OF 2014 Anwarali Akhtarali Khan ..... Applicant

IN THE MATTER BETWEEN

Shahana Begum ..... Petitioner

VERSUS

Anwarali Akhtarali Khan ..... Caveator Mr.Oneza Shaikh, i/b. Mr.N.A.Ghatte for the Applicant. Ms.Shahana Begum, Respondent/Original Petitioner present. CORAM :

R.D. DHANUKA, J.

DATE :

26th NOVEMBER, 2018 P.C.

By this chamber summons, the applicant seeks condonation of delay of one day in filing affidavit in support of caveat. Chamber summons is opposed by the original petitioner who appears in person. No affidavit in reply is filed. I have heard learned counsel appearing for the applicant and the petitioner in person and I have perused the averments made in the affidavit in support of the chamber summons. Delay of one day in filing affidavit in support of caveat is sufficiently explained and the same is accordingly condoned. 2.

Chamber summons is made absolute in terms of prayer clause

kvm 2/2 3-CST90.18 (a).

3.

Learned Prothonotary and Senior Master is directed to accept the affidavit in support of caveat and convert the testamentary petition into a testamentary suit.

4.

Chamber summons is disposed of in the aforesaid terms. There shall be no order as to costs.

[R.D. DHANUKA, J.]