Citation : 2017 Latest Caselaw 6252 Bom
Judgement Date : 16 August, 2017
1 13-TP-186-2015
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 186 OF 2015
Shri Balkrishna Ladhamal Chhabda ]
alias B.L. Chhabda ] Deceased
Ms. Bindia Kriplani & Anr. ] Petitioners
......
Mr. Mayur Khandeparkar a/w Asfiya Cutechi i/b K.K. Associates,
for petitioners.
......
CORAM : R.G. KETKAR, J.
DATE : 16 th AUGUST, 2017. P.C.
Heard Mr. Khandeparkar, learned Counsel for the petitioners.
2. Matter is shown today under the caption "For Direction". At the request of Mr. Khandeparkar, matter is taken up for hearing.
3. Mr. Khandeparkar has invited my attention to the order dated 29th March, 2017 passed by this Court [Coram: K.R. Shriram, J.] in Notice of Motion No. 176 of 2016 in Caveat No. 247 of 2016. That Motion was taken out for rejection of caveat filed by one Madhuri Kishan Motwani. This Court recorded statement made by Mr. Shivaji Yadav, learned Counsel appearing for the caveator- Madhuri Kishan Motwani that he has instructions to withdraw the
2 13-TP-186-2015
caveat and Court may dismiss the Caveat as withdrawn. Accordingly, Caveat was dismissed as withdrawn.
4. By consent Motion was taken up for hearing. In view of the statement made by the Counsel for the Caveator, Motion was dismissed on the ground that it did not survive. Registry was directed to proceed with the Petition as it is un-opposed since there are no Caveats pending. As Testamentary Petition was pending, Registry did not proceed with the matter. Now, Testamentary Petition is disposed of. Office to proceed with the Will accordingly.
[R.G. KETKAR, J.]
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