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Bombay High CourtIA/1605/2024disposed off

Meetaba Ramnarayan Singh v. Dev Narayan Shitlaprasad Singh

2024-11-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

SANTOSH SUBHASH KULKARNI 38-IA1605-2024INCAVEAT126-2023.DOC Santosh SANTOSH SUBHASH KULKARNI Date: 2024.11.21 10:08:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1605 OF 2024 IN CAVEAT NO. 126 OF 2023 IN TESTAMENTARY PETITION NO. 2522 OF 2021 Meetaba Ramnarayan Singh ....Applicant/ Org. Caveatee

IN THE MATTER BETWEEN

In the matter of Petition for Probate to the property and credits of Ram Narayan Shitlaprasad Singh ...Deceased Meetaba Ramnarayan Singh ....Caveatee / Plaintiff

Versus

Dev Narayan Shitlaprasad Singh ....Caveator / Defendant Adv. Ratna Bhargavan, a/w Rahul Yadav, i/b R. Bhargavan & Associates, for the Applicant.

Mr. Atharva Jagtap, i/b Jyoti Chavan, for the Defendant.

CORAM:

N. J. JAMADAR, J.

DATED:

19th NOVEMBER, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

Mr. Jagtap, the learned Counsel, submits that he has instructions to appear on behalf of the Caveator and undertakes to file Vakalatnama on behalf of the Caveator. 3.

The learned Counsel also seeks time to file an affidavit-inreply. 1/2

38-IA1605-2024INCAVEAT126-2023.DOC Let the affidavit-in-reply on behalf of the Caveator be filed within a period of three weeks and copy served on the petitioner. 4.

Rejoinder, if any, be filed within a week thereafter. 5.

It is hereby made clear that if the Caveator does not file affidavit-in-reply to the interim application, the Court would be constrained to proceed on the premise that the averments in IA remain uncontroverted.

6.

Stand over to 7th January, 2024.

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