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Bombay High CourtCST/90/2015disposed off

Gurbir Shivdev Singh And 2 ORS. v. Mr. Naresh Nathulal Pal And 2 ORS (Applicants/Caveators)

2015-10-23Hon'Ble Shri Justice G.S. Patel2 pages

20-CST90-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 90 OF 2015 IN CHAMBER SUMMONS (L) NO. 176 OF 2015 IN TESTAMENTARY PETITION NO. 3 OF 2015 Mr. Naresh Nathulal Pal & Ors.

...Applicants In the matter between Gurbir Shivdev Singh & Ors.

...Petitioners

Versus

Mr. Naresh Nathulal Pal & Ors.

...Respondents

Mr. V. V. Kanade, a/w Mr.

A. Shiralkar, i/b M/s. Ranjit & Co., for the Applicants.

Mr. S. Yadav, i/b M/s. Kurup Shivaji & Co., for the Petitioners. CORAM: G.S. PATEL, J DATED:

23rd October 2015 PC:- 1.

According to the Applicant, there is a delay of five days in filing the Affidavit in Support of the Caveat. Mr. Yadav insists this is not so and the delay is much more. He says it is as many as 21 days.

20-CST90-15.DOC 2.

For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clause (a). Affidavit in Support of the Caveat is directed to be filed during the course of the day. The Petition is to be then renumbered as a Suit and to be placed for framing issues on 28th October 2015. 3.

The Applicants will pay costs quantified at Rs.16/- to the Advocates for the Petitioner by cheque.

(G. S. PATEL, J.)