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Bombay High CourtCST/16/2019disposed off

Ketan Bhupendrabhai Soneji v. Naresh Rasiklal Shah - Caveator

2019-02-13Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 16-CST16.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 16 OF 2019 IN TESTAMENTARY PETITION NO. 542 OF 2018 Naresh Rasiklal Shah ..... Applicant

IN THE MATTER BETWEEN

Ketan Bhupendrabhai Soneji ..... Petitioner

VERSUS

Naresh Rasiklal Shah ..... Caveator Mr.Anil D.Yadav, i/b. Mr.V.W.Apte for the Petitioner. Mr.M.A.Amjith, a/w. Mr.Jinesh Kanvoda, i/b. Mr.Sachin R.Pawar for the Caveator.

CORAM :

R.D. DHANUKA, J.

DATE :

13th FEBRUARY, 2019 P.C.

Leave to amend is granted to carry out amendment in the chamber summons. Re-verification is dispensed with. 2.

By this chamber summons, the applicant seeks condonation of delay of two days in filing caveat and affidavit in support of the 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. The applicant has explained the delay of two days in filing caveat and affidavit in support of the caveat. 3.

For the reasons recorded in the affidavit in support of the

kvm 2/2 16-CST16.19 chamber summons, chamber summons is made absolute in terms of prayer clause (a).

4.

Office is accordingly directed to accept the caveat and affidavit in support of the caveat on record and to convert the Testamentary Petition No.542 of 2018 into the testamentary suit. No order as to costs.

[R.D. DHANUKA, J.]