Sambhaji Vinayak Jagtap v. Deepa Subhash Khandagale (Caveator)

kvm 1/2 12-CST121.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 121 OF 2018 IN CAVEAT NO. 241 OF 2018 IN TESTAMENTARY PETITION NO. 1232 OF 2018 Govind Ramchandra Gole ..... Deceased Deepa Subhash Khandagale ..... Applicant

IN THE MATTER BEWTEEN

Sambhaji Vinayak Jagtap ..... Petitioner

VERSUS

Deepa Subhash Khandagale ..... Caveator Mr.Prashant Daranchale for the Applicant.

Mr.Yunus Vakharia, I/b. Deshmukh Bhosale Legal Associates for the Respondent/Original Petitioner.

CORAM :

R.D. DHANUKA, J.

DATE :

5th DECEMBER, 2018 P.C.

Learned counsel appearing for the applicant states that the original petitioner has been served. The service affidavit has been already filed. No affidavit in reply is filed. 2.

Heard learned counsel appearing for the applicant. I have perused the averments made in the affidavit in support of the chamber summons. The applicant has sufficiently explained the delay of 55 days in filing caveat in paragraph (2) of the affidavit in support of the

kvm 2/2 12-CST121.18 chamber summons.

3.

For the reasons recorded in paragraph (2) of the affidavit in support of the chamber summons, chamber summons is made absolute in terms of prayer clause (a).

4.

Learned Prothonotary and Senior Master is directed to accept the caveat and affidavit in support of the caveat which are already filed by the applicant, on record and to convert the testamentary petition into the testamentary suit.

5.

The applicant is directed to pay a cost of Rs.3,000/- to the original petitioner within two weeks from today. [R.D. DHANUKA, J.]