Murli Govindan Kurup v. Jaishree Suresh Kutty And ANR

24-NMT28-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 28 OF 2016 IN TESTAMENTARY SUIT NO. 70 OF 2015 IN TESTAMENTARY PETITION NO. 502 OF 2012 Murli Govindan Kurup ...Plaintiff

Versus

Jaishree Suresh Kutty & Another ...Defendants Mr. R. D. Mishra, for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

4th July 2016 PC:- 1.

Heard. This is the Plaintiff's Notice of Motion for discharge of the Caveats. There are two Caveats filed, by one Geeta Someshwar Nair and by one Jaishree Suresh Kutty. Both are the deceased's married daughters.

2.

I have seen the Caveats and the Affidavits in Support. The 2nd Defendant's (Ms. Kutty) Affidavit in support of the Caveat makes it clear that there are significant and specifically stated grounds of challenge. These are mentioned inter alia in paragraphs 4th July 2016

24-NMT28-16.DOC 2(a), 2(b), 2(e), 2(i) and 12(x). These are not averments or assertions that can be dismissed at the threshold. The matter will have to be tried.

3.

The Notice of Motion is dismissed with no order as to costs. 4.

List the Suit for framing issues on 1st August 2016. (G. S. PATEL, J.) 4th July 2016