Zainuddin Hakimudding Arzoo v. Nafisabai Abbasbhai Tambawala And 2 ORS.(Caveators)

6-NMT67-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 67 OF 2016 IN CAVEAT (L) NO. 300 OF 2015 IN TESTAMENTARY PETITION NO. 525 OF 2015 Nafisabai Abbasbhai Tambawala & 2 Others ...Applicants In the matter between Zainuddin Hakimudding Arzoo ...Plaintiff

Versus

Nafisabai Abbasbhai Tambawala & 2 Others ...Defendants Mr. S.R. Saudagar, for the Petitioner.

Mr. U. Kazi, i/b Mr. Waquar Ahmad, for the Defendants/ Caveators.

CORAM: G.S. PATEL, J DATED:

4th April 2016 PC:- 1.

The Notice of Motion seeks that a delay of 10 days in filing the Caveat be condoned. On the last occasion when the matter was taken up, the Affidavit in Support of the Notice of Motion was not then ready. It has since been prepared.

6-NMT67-16.DOC 2.

In view thereof, and for the reasons set out in the Affidavit in Support, the present Notice of Motion is made absolute in terms of prayer clause (a).

3.

Affidavit in Support of the Caveat to be filed and served on or before 7th April 2016. All office objections will also be removed by that date. In default, the Caveat will stand dismissed forthwith without further reference to the Court and will not thereafter be restored under any circumstances. No extensions of time are permitted.

4.

Only since the Affidavit in Support is now ready and since the Advocate for the Defendants/Caveators specifically agrees to comply with these directions as to time and further agrees and undertakes not to even seek an extension of time under any circumstances, there will be no order as to costs. (G. S. PATEL, J.)