Bombay High Court
Jayantilal Shambhulal Rajgor vs Bharat Shambhulal Ragjor And 3 Ors. ... on 1 July, 2024
Author: N. J. Jamadar
Bench: N. J. Jamadar
2024:BHC-OS:9637
28-IA-925-2020 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 925 OF 2020
IN
CAVEAT (L) NO. 323 OF 2018
Jayantilal Shambhulal Rajgor ...Petitioner
Versus
Bharat Shambhulal Ragjor And 3 Ors. (caveators) ...Respondent
WITH
TESTAMENTARY PETITION NO. 52 OF 2018
WITH
INTERIM APPLICATION NO. 2188 OF 2019
WITH
INTERIM APPLICATION (L) NO.40704 OF 2022
WITH
ETHAPE
Digitally signed
by ETHAPE
DNYANESHWAR
DNYANESHWAR ASHOK
ASHOK Date:
2024.07.03
CAVEAT (L) NO. 323 OF 2018
20:42:19 +0530
WITH
WILL NO. 22 OF 2018
WITH
CHAMBER SUMMONS NO.148 OF 2018
WITH
INTERIM APPLICATION NO.2188 OF 2019
IN
TESTAMENTARY PETITION NO. 52 OF 2018
Mr.Anil R. Mishra for applicant.
CORAM: N. J. JAMADAR, J.
DATE : 1st JULY 2024 P.C.
1. Heard the learned counsel for the petitioner.
2. None appears for the Caveator.
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3. On 24 June 2024, this Court has passed the following order:-
"2. This petition is filed for Probate of the Last Will and Testament of Shabhulal Kanji Rajgor @ S. K. Rajgor, the father of the petitioner.
3. It seems that Caveators, who are the brother and sister of the petitioner, lodged the Caveat on 19th November 2018. The office raised objection that there was seven days delay in lodging the Caveat. It appears that the Caveators filed Chamber Summons seeking to condone the delay of 12 days in filing the Caveat. The said Chamber Summons has not been prosecuted. The petitioner has taken out instant Interim Application to reject the Caveat (L) No. 323 of 2018.
4. Evidently, the Caveators, being the son and daughter of the deceased, have a caveatable interest. However, the caveators have not been diligently prosecuting the Chamber Summons taken out to condone the delay in lodging the Caveat.
5. By way of indulgence, Chamber Summons No.148 of 2018 in Testamentary Petition No.52 of 2018, stand over to 1st July 2024 "for dismissal"."
4. Since none appears for the Caveator, despite ample opportunity and the Chamber Summons is posted for dismissal, Chamber Summons No.148 of 2018 stands dismissed for want of prosecution.
5. Caveat (L) No. 323 of 2018 also stands discharged.
6. Department to proceed with the petition in accordance with law.
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