Nisha Prakash Chawla And ANR v. Dilip Vashu Chawla

50-NMT140-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 140 OF 2015 IN TESTAMENTARY SUIT NO. 93 OF 2011 IN TESTAMENTARY PETITION NO. 668 OF 2011 Nisha Prakash Chawla & Another ...Plaintiffs

Versus

Dilip Vashu Chawla ...Defendant Mr. Vivek Sharma, for the Plaintiffs.

Mr. Herbert A. Noronna, for the Defendant.

CORAM: G.S. PATEL, J DATED:

7th June 2016 PC:- 1.

The Notice of Motion seeks dismissal of the Caveat on a simple ground that the Caveator Dilip Vashu Chawla is the son of Vashu Hariram Chawla who is the son of the deceased. In other words, the deceased's grandson has purported to file a Caveat while his father, the son of the deceased, is very much alive. Mr. Sharma for the Plaintiffs is correct in saying that the Caveator has absolutely no caveatable interest in the estate and it is wholly irrelevant 7th June 2016

50-NMT140-15.DOC whether or not the Caveator was a legatee under some previous testamentary writing.

2.

The Notice of Motion succeeds. It is made absolute in terms of prayer clause (a). The Caveat filed by Mr. Dilip Vashu Chawla is discharged. Petition to proceed as an uncontested Petition for grant of probate.

(G. S. PATEL, J.) 7th June 2016