PREMRATAN BALKRISHNA BHABHDA Vs. MADANMOHAN NARNARAYAN BHABHDA

JUDGEMENT

(1.) This Interim Application has been filed by the Applicant/Caveator seeking the following reliefs: (a) The Caveator may be permitted to amend CTSL No. 203 of 2019 by annexing a 'Caveat' as per Form No. 116 of Bombay High Court (Original Side) Rules, to the Affidavit dated 27th June 2019.

(2.) Since this is a highly contested matter, it would be appropriate to set out some basic facts. The Petitioner abovenamed filed the above petition for Probate of the last Will and Testament of Laxmi Devi Narnarayan Bhabhda (the deceased) executed on 30th November, 2017, in his capacity as one of the Executors named under the Will.

(3.) Once the Petition was filed, the Applicant, being one of the legal heirs of the deceased, was served with a citation on 18th June, 2019. Once the citation was served on the Applicant, he filed in person, a Caveat in the form of an Affidavit on 27th June, 2019 i.e. within 14 days of being served with the citation. In fact, the same was lodged under CTSL No. 203 of 2019 by the Department. According to the Applicant, since a lodging number was assigned, he was under the impression that on the basis of the said Caveat/Affidavit, the Petition will be converted into a Suit and the Applicant will be informed whenever the matter will be listed for hearing.