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Bombay High Court
Kitesh Mukesh Jhaveri vs Mukesh Jayantilal Jhaveri on 6 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:5800
12.IAL.1446.2026+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO.1446 OF 2026
IN
CAVEAT (L) NO.32046 OF 2025
WITH
TESTAMENTARY PETITION NO.1994 OF 2024
WITH
CAVEAT (L) NO.32046 OF 2025
IN
TESTAMENTARY PETITION NO.1994 OF 2024
Rani Abhaykumar Kapadia Applicant/
.. Orig. Caveator
IN THE MATTER BETWEEN:
Jayantilal Manilal Jhaveri alias Jayantilal
Manilal Javeri ..
Kalavati Jayantilal Jhaveri .. Deceased
Mukesh Jayantilal Jhaveri .. Petitioner
Versus
Rani Abhaykumar Kapadia .. Caveator
WITH
CHAMBER ORDER (L) NO.1160 OF 2026
IN
TESTAMENTARY PETITION NO.1994 OF 2024
WITH
WILL NO.809 OF 2024
IN
TESTAMENTARY PETITION NO.1994 OF 2024
Jayantilal Manilal Jhaveri alias Jayantilal
Manilal Javeri ..
Kalavati Jayantilal Jhaveri .. Deceased
Mukesh Jayantilal Jhaveri .. Petitioner
Versus
Kitesh Mukesh Jhaveri .. Applicant
....................
Ms. Rimpal Trivedi a/w. Ms. Kanchan Kori, Advocates for Applicant
in Interim Application.
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12.IAL.1446.2026+.doc
Ms. Surbhi Soni, Advocate i/b MGSV & Associates for Petitioner.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 06, 2026
P.C.:
1. Mentioned at 03:00 p.m.
2. Heard Ms. Trivedi, learned Advocate for Applicant in Interim
Application and Ms. Soni, learned Advocate for Petitioner.
3. Chamber Order (Lodging) No.1160 of 2026 deserves to be
allowed in view of the fact that Petitioner has expired in the
interregnum.
4. Death Certificate is appended at Exhibit-A, page No.13 to the
Chamber Order.
5. Chamber Order is allowed. Delay, if any stands condoned.
6. Schedule of amendment is appended at Exhibit C, page
No.15 to the Chamber Order. Necessary amendment is permitted to be
carried out in Petition as per Schedule of amendment within a period
of one week from today. Reverification stands dispensed with.
7. Copy of this order and amended Petition shall be served on
Caveator for information.
8. Interim Application (Lodging) No.1446 of 2026 is filed by
Caveatrix for opposing issuance of grant.
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12.IAL.1446.2026+.doc
9. Ms. Trivedi on behalf of Caveatrix would submit that there is
3 day delay in filing the Caveat and hence the Application for
condonation is filed. She would submit that Applicant is the
granddaughter fo the deceased and therefore has caveatable interest.
She would submit that citation was served on Applicant on
19.09.2025. She would submit that Advocate for Applicant proceeded
with filing of Caveat which was filed on 01.10.2025. She would submit
that there were objections which were removed and the Caveat was
filed on 06.10.2025. In between she would submit that 2 nd October
was a public holiday and 4th and 5th October was Saturday and Sunday.
She would submit that therefore due to the aforesaid 2 reasons namely
holidays and time taken for removal of objections delay of 3 days has
occurred. She would submit that delay is unintentional and not
purposeful. She would submit that Affidavit-in-support has been duly
filed within time. Hence, she would persuade the Court to condone the
delay of 3 days and allow the Interim Application.
10. PER CONTRA, Ms. Soni, learned Advocate for Petitioner
would vehemently oppose and object condonation of delay to the
Caveatrix on the ground that the reasons given in the Application are
frivolous and Applicant does not deserve the delay to be condoned.
She would persuade the Court to allow the Petitioner to file Affidavit-
in-reply to the Interim Application to oppose the same.
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12.IAL.1446.2026+.doc
11. However, since citation has been served by the Petitioner on
the Caveatrix and the Caveat has been filed the said request stands
declined. The reasons which are given for the delay are prima facie
believable and it is seen that the delay is not caused intentionally. The
fact that Caveat was filed on 01.10.2025 well before expiry of 14 days
after service of citation enures to the benefit of the Caveatrix. If
Petitioner's case is accepted Petitioner will have an advantage and
substantive right, if any, of Caveatrix will be defeated. Therefore this
cannot be allowed rather should not be allowed by the Court. Reasons
given in paragraph Nos.3, 4 and 5 are duly considered and accepted by
the Court.
12. Resultantly, Interim Application No.1446 of 2026 is allowed
in terms of prayer clause 'a'.
13. Delay of 3 days stands condoned.
14. Department is directed to accept the Caveat and proceed
further in accordance with law.
15. Interim Application (Lodging) No.1446 of 2026 is allowed
and disposed. Chamber Order (Lodging) No.1160 of 2026 is allowed
and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA HANUMANT
HANUMANT Date:
SAWANT 2026.03.06
19:37:26
+0530
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