Siddharth Shashikant Amrute And ANR v. Vaishali Anil Rajbhar Nee Vaishali Dattaram Amrute (Caveator)

912-cst178-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.178 OF 2017 IN CAVEAT (LODGING) NO.306 OF 2017 IN TESTAMENTARY PETITION NO.869 OF 2016 Vaishali A. Rajbhar @ Amrute ...Applicant Dattaram V. Amrute ...Deceased

IN THE MATTER BETWEEN :

Siddharth S. Amrute & Anr.

...Petitioners

V/s.

Vaishali A. Rajbhar @ Amrute ...Caveatrix Mr.Prabhakar Jadhav for the Applicant.

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

DATE : 12TH DECEMBER, 2018.

P.C. :- 1.

Learned counsel appearing for the applicant has been served with a copy of the chamber summons. None appeared for the original petitioners when the mater was called out. No affidavit in reply has been filed.

2.

With the assistance of the learned counsel for the applicant, I have perused the averments made in the affidavit in 1/2

912-cst178-17.doc support of the chamber summons. I am satisfied that the delay in filing the affidavit in support of the chamber summons is satisfactorily explained in paragraphs 4 to 6.

3.

For the reasons recorded in the affidavit in support of the chamber summons, the delay of 113 days in filing the affidavit in support of the chamber summons 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