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Bombay High Court
Archana Upendra Khasgiwale vs Aparna Upendrasinh Khasgiwale on 11 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P11.IAL.8683.2026+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO.8683 OF 2026
IN
CAVEAT (L) NO.25679 OF 2025
IN
TESTAMENTARY SUIT NO.7 OF 2025
IN
TESTAMENTARY PETITION NO.2920 OF 2023
Archana Upendra Khasgiwale Applicant/
.. Caveator No.2
IN THE MATTER BETWEEN:
Upendrasinh Vijaysinh Khasgiwale also known
as Upendra Vijaysinh Khasgiwale .. Deceased
Aparna Upendra Khasgiwale .. Petitioner/Plaintiff
AND
Archana Upendra Khasgiwale .. Caveator No.2
WITH
INTERIM APPLICATION (L) NO.8685 OF 2026
IN
CAVEAT (L) NO.25679 OF 2025
IN
TESTAMENTARY SUIT NO.7 OF 2025
IN
TESTAMENTARY PETITION NO.2920 OF 2023
Archana Upendra Khasgiwale Applicant/
.. Caveator No.2
IN THE MATTER BETWEEN:
Upendrasinh Vijaysinh Khasgiwale also known
as Upendra Vijaysinh Khasgiwale .. Deceased
Aparna Upendra Khasgiwale .. Petitioner/Plaintiff
AND
Archana Upendra Khasgiwale .. Caveator No.2
....................
Mr. Piyush Raheja a/w. Mr. Tejas Parekh, Advocates i/by Parekh
Legal for Applicant / Caveator No.2 in both Interim Applications.
Mr. Prathmesh Seth a/w. Ms. Trupti Gosavi, Advocates i/by Joseph
Fernandes for Petitioner / Plaintiff.
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P11.IAL.8683.2026+.doc
Mr. Ashray Dave a/w. Mr. Aayush Modi, Mr. Aayu Saxena, Mr.
Siddhant Trivedi and Mr. Vaibhav Singh, Advocates for Caveator
No.1.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 11, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
11.03.2026. Perused the praecipe.
2. Heard Mr. Raheja, learned Advocate for Applicant / Caveator
No.2 in both Interim Applications; Mr. Seth, learned Advocate for
Petitioner / Plaintiff and Mr. Dave, learned Advocate for Caveator
No.1.
3. There are two Interim Applications. Interim Application
(Lodging) No.8685 of 2026 seeks restoration of Caveat (Lodging)
No.25679 of 2025 which has been dismissed. Though an extension
was granted by Department which could not have been granted.
4. Though Caveat was filed but affidavit-in-support was not
filed and there was delay which resultantly lead to dismissal of present
Interim Application.
5. For seeking restoration there is delay in filing affidavit-in-
support of the Caveat, there is delay of 164 days which is subject
matter of Interim Application (Lodging) No.8683 of 2026.
6. Mr. Seth, learned Advocate appears for Petitioner/Plaintiff.
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P11.IAL.8683.2026+.doc
Though he would make certain submissions on facts to persuade the
Court to not consider the aforementioned two Interim Applications, the
correct proceeding in which Petitioner / Plaintiff can ail her grievances
and submissions would be a appropriate Application, if so adviced, if
file by Petitioner / Plaintiff in accordance with law seeking dismissal of
Caveat.
7. The submissions made by Mr. Seth being factual in nature
cannot be gone into by this Court for the purpose of deciding
aforementioned twin Applications.
8. In view of the submission given and reasons given in twin
Applications are allowed.
9. Interim Application (Lodging) No.8685 of 2026 stand
allowed in terms of prayer clause (a) which reads thus:-
"a) This Hon'ble Court be pleased to restore the Caveat bearing (L)
No.25679 of 2025 and grant further time to remove the office
objections in the interest of justice and equity ".
10. Interim Application (Lodging) No.8683 of 2026 in terms of
prayer clauses (a) and (b) which read thus:-
"a) This Hon'ble Court be pleased to condone the delay of 164 days
in filing the Affidavit in Support of the Caveat bearing (L) No.
2 5 6 7 9 of 2025 in the interest of justice and equity;
b) This Hon'ble Court be pleased to take on record and direct the
registry to taken on record the Caveat bearing (L) No. 25679 of
2025 along with the Affidavit in Support filed on 02.02.2026 in
the Testamentary Petition No, 2920 of 2023;"
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P11.IAL.8683.2026+.doc
11. Delay of 164 days in filing affidavit-in-support stands
condoned. The order of dismissal of Caveat dated 09.12.2025 is
quashed and set aside and Caveat (Lodging) No.25679 of 2025 stands
restored back to the record and file of the Court.
12. Needless to state that all contentions of Petitioner / Plaintiff
are expressly kept open with right to file appropriate Application in
accordance with law.
13. Registry is directed to take physical copy of affidavit-in-
support dated 02.02.2026 on record though the same has been
electronically filed by Caveator No.2.
14. Petitioner has already filed Interim Application for dismissal
of Caveat of Caveator No.1.
15. With the above directions, Interim Applications are allowed
and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT SAWANT
SAWANT Date: 2026.03.11
18:14:56 +0530
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