Manoj Himatlal Mehta v. Yogesh Himatlal Mehta

32-IA580-2024INCTS12-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION SANTOSH SUBHASH KULKARNI INTERIM APPLICATION NO. 580 OF 2024 IN CAVEAT NO. 12 OF 2024 SANTOSH SUBHASH KULKARNI Date: 2024.07.10 14:15:47 +0530 IN PETITION NO. 2683 OF 2021 Manoj Himatlal Mehta ...Applicant

Versus

Yogesh Himatlal Mehta & Anr.

...Respondents

Mr. Prabhu Velar, for the Applicant.

Mr. Yogesh Himatlal Mehta, Respondent-in-person, present.

CORAM:

N. J. JAMADAR, J.

DATED:

8th JULY, 2024 PC:- 1.

Heard the learned Counsel for the petitioner and Mr. Yogesh Mehta, the Caveator - respondent appearing in person.

2.

This application for discharge of Caveat is filed with the assertion that there was delay in filing the Caveat and the Caveator No.1 Yogesh Mehta had taken out Application No.809 of 2023 for condonation of delay whereas Snehal Mehta, another Caveator, had not at all filed an application for condonation of delay. Therefore, the Caveat filed by the Caveatrix being Caveat (L) NO.15895 of 2022 be dismissed. 1/2

32-IA580-2024INCTS12-2024.DOC Mr. Yogesh Mehta invites the attention of the Court to an order dated 19th January, 2024 in IA/809/2023 and submits that the delay in filing the Caveat has already been condoned. 3.

I have perused the order dated 19th January, 2024. It appears that both Yogesh Mehta and Snehal Mehta had filed the said application for condonation of delay and delay has been condoned by ascribing reasons.

4.

Hence, the application for discharge of Caveat does not merit consideration.

5.

Application disposed.

[N. J. JAMADAR, J.] 2/2