Smita Ganesh Kamat v. Seema Sanjay Shanbhag - (Caveator)

kvm 1/2 14-CST130.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 130 OF 2017 IN TESTAMENTARY PETITION NO. 1230 OF 2016 Smita Ganesh Kamat ..... Petitioner

VERSUS

Seema Sanjay Shabhag ..... Caveatrix Ms.Jagruti Gaonkar for the Caveatrix and applicants in the Chamber Summons.

CORAM :

R.D. DHANUKA, J.

DATE :

13th FEBRUARY, 2019 P.C.

Learned counsel appearing for the applicant states that the copy of the chamber summons has been served upon the original petitioner by speed post. Affidavit of service is already filed. 2.

By this chamber summons, the applicant seeks condonation of delay of five days in filing caveat. I have heard learned counsel appearing for the applicant and have perused the averments made in the affidavit in support of the chamber summons. 3.

For the reasons recorded in the affidavit in support of the chamber summons, chamber summons is made absolute in terms of prayer clause (a).

kvm 2/2 14-CST130.17 4.

Learned counsel appearing for the applicant states that the affidavit in support of the caveat is already filed. 5.

Office is accordingly directed to accept the caveat and affidavit in support of the caveat on record and to convert the Testamentary Petition No.1230 of 2016 into the testamentary suit. No order as to costs.

[R.D. DHANUKA, J.]