Shamita Pawan Singha v. Rashmi Ahluwalia And ANR. (Applicant)

40.cst.143.2016.tp.821.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 143 OF 2016 IN TESTAMENTARY PETITION NO. 821 OF 2016

1) Dr. Rashmi Ahluwalia& Anr.

.. Applicants In the matter between :

Late Pawan Kumar Singha .. Deceased Ms.Shamita Pawan Singha .. Petitioner Mr.Munir Merchant i/b MZM Legal for petitioner. Mr.Roopesh R. Jaiswal for caveator/applicant. CORAM : K.R.SHRIRAM, J.

DATE : 1ST MARCH, 2017 P.C.

Shri Jaiswal appearing for the applicants/caveators, in fairness, submits that in view of the judgement of the Apex Court in Lachman Singh Vs. Kripa Singh1, the step daughter cannot have a caveatable interest and since applicant No.1 has already been served the citation, nothing survives in the chamber summons.

The chamber summons accordingly disposed.

Time for applicant No.1 to file caveat and affidavit in support of the caveat is extended by two weeks.

(K.R. SHRIRAM, J.) (1987) 2 SCC 547 Shraddha Talekar PS 1/1