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Bombay High CourtCST/110/2016disposed off

Dr. Sanjiv Manohar Desai v. Saraswati Jaiprakash Gandhi (Nee Shubhada Manohar Desai)

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

54-CST110-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 110 OF 2016 IN CAVEAT NO. 152 OF 2016 IN TESTAMENTARY PETITION NO. 505 OF 2015 Dr. Sanjiv Manohar Desai

...Petitioner

Versus

Saraswati Jaiprakash Gandhi (Nee Shubhada Manohar Desai) ...Caveator Mr. U.L. Shah, for the Caveator.

CORAM: G.S. PATEL, J DATED:

14th October 2016 PC:- 1.

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

A Caveat has already been filed. Affidavit in Support to be filed and served on or before 27th October 2016, with no possibility of an extension, even on payment of costs. This is a final opportunity to the Applicant. If the supporting affidavit is not filed 14th October 2016

54-CST110-16.DOC and served by that date, the Petition will proceed without further reference to the court as an uncontested Petition. 3.

In the event that the supporting Affidavit is filed and served by 27th October 2016, 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.

4.

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