Vijay Chamanlal Rawal v. Deepak Chamanlal Rawal And ANR.

by LAXMIKANT GOPAL CHANDAN Date: 2023.02.14 10:21:21 +0530 LAXMIKANT GOPAL CHANDAN 1 (908) NMT-252.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.252 OF 2017 IN TESTAMENTARY SUIT NO.83 OF 2010 IN TESTAMENTARY PETITION NO.144 OF 2010 Raj Rani Rawal alias Raj Rani Chamanlal Rawal : Deceased In the matter between Vijay Chamanlal Rawal : Plaintiff versus Deepak Chamanlal Ravval and anr.

: Defendants.

WITH CHAMBER SUMMONS (L) NO.234 OF 2019 IN TESTAMENTARY SUIT NO.83 OF 2010 IN TESTAMENTARY PETITION NO.144 OF 2010 Vijay Chamanlal Rawal : Applicant/Plaintiff In the matter between Vijay Chamanlal Rawal : Plaintiff versus Deepak Chamanlal Rawal and anr.

: Defendants.

2 (908) NMT-252.17.doc ----- Malcom Siganporia a/w Ativ Patel, Darshit Dave, Harshad Vyas, Viloma Shah i/by AVP Partners for the Plaintiff.

Advocate Lata Desai a/w Ms. Shreeya Pednekar i/by Dr. Pallavi Divekar for Defendant No.2.

----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2023 DATE :

P.C. :

1.

The present Notice of Motion has been filed seeking dismissal of the caveat filed by Defendant No.2 - Jyoti Vijay Bhasin. 2.

Today when the matter was called, Learned Counsel appearing on behalf of Defendant No.2 submits that she has instructions to withdraw the caveat filed by Defendant No.2.

3.

In view thereof, nothing survives in the present Notice of Motion and the same is disposed of in terms of the present order. 4.

Caveat of Defendant No.2 is therefore dismissed as withdrawn. 5.

The present Chamber Summons is taken out seeking deletion of name and address of Defendant No.2 from the array of the parties.

3 (908) NMT-252.17.doc 6.

In the earlier part of the present order, I have passed an order whereby I have dismissed the caveat filed by Defendant No.2. In view thereof, this Chamber Summons would also have to be allowed in terms of prayer clause (a) which reads thus :- "(a) That this Hon'ble Court be pleased to allow the present Chamber Summons, and to direct the Plaintiff/Original Petitioner to carry out the necessary amendments as set out in the Schedule of Amendment annexed hereto;"

Amendment to be carried out on or before 20 th February 2023.

Re-verification is dispensed with.

Chamber Summons is accordingly disposed of.

Place the matter for framing of Issues on 21 st February 2023.

(ARIF S. DOCTOR, J.)