Yogesh Himatlal Mehta And Snehal Himatlal Mehta(Caveators) v. Manoj Himatlal Mehta(Mp) And Hansaben Manubhai Mehta(Deceased)

19_IA809_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.809 OF 2023 IN CTS (L) NO.15895 OF 2022 IN PETITION NO.2683 OF 2021 Yogesh Himatlal Mehta and Snehal Himatlal Mehta ... Applicants In the matter of:

Manoj Himatlal Mehta ...

Petitioner Vs.

Yogesh Himatlal Mehta and another ...

Caveators WITH IPA (L) NO.39412 OF 2022 IN INTERIM APPLICATION NO.809 OF 2023 --- Mr. Yogesh Himatlal Mehta, Caveator No.1 in person. CORAM : MANISH PITALE, J.

DATE : JANUARY 19, 2024 P.C. :

.

Caveator No.1 - Yogesh Himatlal Mehta has appeared in person in support of the present application filed for condonation of delay in by MINAL SANDIP PARAB Date:

2024.01.20 11:34:54 +0530 MINAL SANDIP PARAB filing affidavit in support of caveat. It is submitted that earlier, an advocate was representing the caveators but now the caveators have withdrawn the authority of the said advocate and hence, the caveator No.1 is appearing in person for both the caveators. 2.

It is submitted that delay of 35 days has occurred in filing the affidavit in support of the caveat for the reason that the caveators took some time in obtaining documents under the Right to Information Act, 2005 and further that the caveator No.1 was suffering from viral fever, 1/2

19_IA809_23.doc cough and cold, due to which, the affidavit could not be placed on record within time.

3.

Considering the reasons put forth on behalf of the caveators, this Court is satisfied that sufficient cause is made out for condoning the delay. Accordingly, the application is allowed. Delay is condoned and the department is directed to take the affidavit in support of the caveat on record.

4.

Interim Application is disposed of.

(MANISH PITALE, J.) Minal Parab 2/2