Rajendra Pal Kapoor v. Rahul Ravi Kapur (Caveator)

28-CST6-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 6 OF 2016 IN CAVEAT NO. 295 OF 2015 IN TESTAMENTARY PETITION (L) NO. 1800 OF 2015 Rajendra Pal Kapoor

...Petitioner

Versus

Rahul Ravi Kapur ...Caveator Mr. Nirman Sharma, with Ms. Shivani Soni, i/b Deven Dwarkadas & Partners, for the Petitioner.

Mr. Rahul Ravi Kapur, Caveator in person.

CORAM: G.S. PATEL, J DATED:

10th June 2016 PC:- 1.

Heard.

2.

The Caveator appears in person. He is the grandson of the deceased. It is an admitted position that his father, the deceased's son, is still alive. As a result, the Caveator has no caveatable interest. He is not a heir of the deceased Mrs. Nirmal Ramlal Kapur. In view 10th June 2016

28-CST6-16.DOC of this, the Chamber Summons seeking discharge of the Caveat must succeed and the Caveat must be discharged. 3.

Having said that, my understanding is that the Caveator's concern is that he was dispossessed some time ago from the premises in which he claims to have been staying with his deceased grandmother. This is not either an appropriate or correct remedy for that purpose. The Caveator is at liberty to adopt such proceedings as he may be advised to protect his rights and contentions. 4.

The Chamber Summons is made absolute in terms of prayer clause (a) with no order as to costs.

(G. S. PATEL, J.) 10th June 2016