Shobha Madhusudan Sheth vs Sandeep Shyam Bhanushali
2012 Latest Caselaw 362 Bom

                                                  1                TS.81/2010-TP.595/2010(4)

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                             
                    ORDINARY ORIGINAL CIVIL JURISDICTION




                                                                     
                        TESTAMENTARY SUIT NO. 81 OF 2010
                                       IN
                      TESTAMENTARY PETITION NO. 595 OF 2010




                                                                    
    Shobha Madhusudan Sheth                                     ...Plaintiff/Petitioner
         Vs.
    Sandeep Shyam Bhanushali                                    ...Defendant/Respondent




                                                        
    Ms. Kalpana Trivedi for Plaintiff/Petitioner 
    Mr. J.S. Kalanke for Defendant/Respondent 
                                         ig   CORAM : MRS. ROSHAN DALVI, J.

DATED : 19TH NOVEMBER, 2012

P.C. :

1. The Plaintiff was directed to serve citation upon three

other heirs. They are the brothers and sisters of the Defendant.

One brother and one sister have been admittedly have served the citation. No caveat has been filed. Counsel on behalf of the

Defendant states that another sister has not been served the citation. It is not known how he knows about this fact. The Plaintiff has filed her affidavit of service. The affidavit of service shows the other sister, shown to be Sujata Prashant Bhanushali,

has been served by registered post. The Defendant who is present in Court states that she stays in Heena Laxmi Niwas, 'B' Cabin, Thane (West). The said sister has been served at the aforesaid address. The postal endorsement shows that she has refused the service on 7th November, 2012. The registered packet has been returned and produced before the Court under

2 TS.81/2010-TP.595/2010(4)

the affidavit of service. The service upon the Caveatrix Sujata Prashant Bhanushali who lives in Heena Laxmi Niwas, 'B' Cabin,

Thane (West), is therefore, complete and is accepted. No caveat has been filed even by that sister.

2. The hearing of the suit shall proceed.

(MRS. ROSHAN DALVI, J.)