Siddharth Shashikant Amrute And ANR v. Balaram D. Amrute And 2 ORS. - Caveator

912-cst16-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.16 OF 2018 IN TESTAMENTARY PETITION NO.869 OF 2016 Balaram D. Amrute & Anr.

...Applicants Dattaram V. Amrute ...Deceased

IN THE MATTER BETWEEN :

Siddharth S. Amrute & Anr.

...Petitioner

V/s.

Balaram D. Amrute & Anr.

...Caveators Mr.S.S. Redkar for the Applicants.

None for the Respondents / Original Petitioners. CORAM : R.D. DHANUKA, J.

DATE : 12TH DECEMBER, 2018.

P.C. :- 1.

Learned counsel appearing for the applicants has been served with a copy of the chamber summons. There is delay of three days in filing the affidavit in support of the caveat. With the assistance of the learned counsel for the applicants, I have perused the averments made in paragraph 2 of the affidavit in support of the caveat. I am satisfied that the delay of three days in filing the affidavit in support of the caveat is satisfactorily explained in paragraph 2 of 1/2

912-cst16-18.doc the affidavit in support of the caveat.

2.

For the reasons recorded in the affidavit in support of the caveat, the delay of three days in filing the caveat is condoned. 3.

The chamber summons is made absolute in aforesaid terms. There shall be no order as to costs.

4.

The Prothonotary & Senior Master is directed to convert the testamentary petition into testamentary suit. (R.D. DHANUKA, J.) 2/2