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Bombay High CourtIA/5614/2025disposed off

Indira Chootubhai Patel v. Sudha Shailesh Patel

2025-12-05Hon'Ble Shri Justice Milind N. Jadhav2 pages

97.IA.5614.2025+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.5614 OF 2025 IN CAVEAT (L) NO.21752 OF 2025 WITH TESTAMENTARY PETITION NO.5490 OF 2024 WITH CAVEAT (L) NO.12998 OF 2025 IN TESTAMENTARY PETITION NO.5490 OF 2024 WITH INTERIM APPLICATION (L) NO.23103 OF 2025 IN TESTAMENTARY PETITION NO.5490 OF 2024 Indira Chootubhai Patel .. Applicant

IN THE MATTER OF:

Sudha Shailesh Patel .. Petitioner

Versus

Purav Shailesh Patel .. Caveator ....................

 Mr. Pranesh J. Gada, Advocate for Applicant / Caveator.  Mr. Shubham Mishra, Advocate i/by Shah & Furia Associates for Caveator.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 05, 2025 P.C.

:

1.

Heard Mr. Gada, learned Advocate for Applicant / Caveator and Mr. Mishra, learned Advocate for Caveator. 2.

Interim Application (Lodging) No.23103 of 2025 which is not on board is taken up for hearing and is filed by mother of the deceased seeking condonation of delay of 75 days in filing the affidavit in support of the Caveat. Reading of the Application prima facie shows

97.IA.5614.2025+.doc that the Caveat was filed in time but there was delay in filing the Affidavit-in-support. The reasons given in the paragraph Nos.5 to 7 of the Interim Application prima facie believable and express the exigency faced by Applicant before filing the affidavit-in-support of the Caveat. The said reasons being believable, I am inclined to accept the same for the purpose of condonation. The Interim Application is allowed. Delay is condoned. Affidavit-in-support of Caveat is directed to be taken on record.

3.

Interim Application (Lodging) No.23103 of 2025 is disposed. 4.

Stand over to 12th December, 2025. To be placed under the caption 'First on Board'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.12.06 19:12:35 +0530 HARSHADA HANUMANT SAWANT