Sarwan Choudhary v. Sachin Shyamsundar Begrajka And Rajesh Chowdhary (Deceased)

24.2-IA-2231-2021..doc GANESH SUBHASH LOKHANDE GANESH SUBHASH LOKHANDE Date: 2022.12.21 18:26:16 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2231 OF 2021 IN CAVEAT (L) NO. 11828 OF 2021 IN TESTAMENTARY PETITION NO. 109 OF 2021 Sachin Begrajka .. Petitioner Vs.

Sarwan Chowdhary .. Applicant/Caveator ------------ Yashvi Panchal for the Applicant.

------------ CORAM:- ARIF S. DOCTOR, ,J.

th DECEMBER, 2022.

DATE :- 19 P. C.:

1.

The present Application is for condonation of delay of 7 days in filing the Caveat and a delay of 77 days in filing the Affidavit-in-Support of the Caveat.

Ganesh Lokhande page 1 of 2

24.2-IA-2231-2021..doc 2.

The Application sets out that the Applicant resides in Nagpur. The Applicant states that citation was served at residence in Nagpur on 30 th April, 2021 and the Applicant had filed the Caveat on 20 th May, 2021.

3.

Ms. Yashvi Panchal, learned counsel appearing on behalf of the Applicant states that there is no Affidavit of Service of citation filed in the Registry till date. She, however, states that at the time when the Application was filed and the dates mentioned in the Application, are based on the record of the Applicant.

4.

I have perused a copy of the Application. I have heard learned counsel and satisfied that the same constituted sufficient cause to condone the delay in filing of the Caveat and Affidavit-in-Support. The Application is allowed in the interest of justice.

5.

The Interim Application is disposed of.

(ARIF S. DOCTOR, J) Ganesh Lokhande page 2 of 2