Meena Gopal Pednekar v. Prasad Sadashiv Karande(Caveator)

17-CST142-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 142 OF 2015 IN CAVEAT NO. 83 OF 2015 IN TESTAMENTARY PETITION NO. 242 OF 2014 Meena Gopal Pednekar

...Petitioner

Versus

Prasad Sadashiv Karande ...Caveator/ Applicant Ms. Sarika Mehra, i/b M/s. LW Law, for the Applicant.

CORAM: G.S. PATEL, J DATED:

11th March 2016 PC:- 1.

Heard learned Advocate for the Applicant. The Chamber Summons is served. An Affidavit of Service is tendered. It seeks that a delay of 215 days in filing the Affidavit in Support of the Caveat be condoned.

2.

I would ordinarily not have accepted this but for the averments in paragraphs 5 and 6 of the Affidavit in Support, in

17-CST142-15.DOC which the Applicant states that she suffered a paralytic attack and a brain haemorrhage. Being this seriously ill, she could not possibly attend to her affairs. I see no reason to disbelieve these statements. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

3.

Petition to be numbered as a Suit forthwith and to be set down for framing issues on 5th April 2016.

(G. S. PATEL, J.)