Fleurette Ann Pereira v. Karim Abdul Aziz Rajwani (Caveator)

32-TP-1374-15+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1374 OF 2015 WITH CAVEAT NO. 14 OF 2017 Fleurette Ann Pereira

...Petitioner

Versus

Karim Abdul Aziz Rajwani ...Caveator WITH NOTICE OF MOTION NO. 206 OF 2017 IN CAVEAT NO. 14 OF 2017 IN TESTAMENTARY PETITION NO. 1374 OF 2015 AND CHAMBER SUMMONS NO. 143 OF 2017 IN CAVEAT NO. 14 OF 2017 IN TESTAMENTARY PETITION NO. 1374 OF 2015 Ms Janhavi Bejoy, i/b Clifford Martis, for the Plaintiff/ Applicant.

Ms Deepti Panda, i/b Pardiwala & Co., for the Caveator. 10th July 2018

32-TP-1374-15+.DOC CORAM: G.S. PATEL, J DATED:

10th July 2018 PC:- 1.

Ms Panda has instructions to seek leave to withdraw Caveat No. 14 of 2017 but liberty to file appropriate proceedings keeping all contentions open. Leave granted with liberty as prayed. Caveat No. 14 of 2017 is dismissed as withdrawn keeping all contentions open inter alia in regard to any item of property included in the Petition. The parties may agitate their respective rights and contentions in an appropriate proceeding.

2.

In view of this, Chamber Summons No. 143 of 2017 seeking condonation of delay is infructuous and disposed of accordingly. Similarly, Notice of Motion No. 206 of 2017, which seeks a discharge of the Caveat, is also now infructuous and is disposed of as such.

3.

Testamentary Petition No. 1374 of 2015 is now uncontested. Service of citations is complete. Registry will proceed accordingly and will not now insist on fresh service of citations. 4.

Drawn up order is dispensed with. Registry to issue the grant of probate expeditiously acting on an authenticated copy of this order.

(G. S. PATEL, J) 10th July 2018