PRASHANT GOPAL GOKHALE Vs. MANASI SHYAMSUNDER KELKAR

JUDGEMENT

(1.) This is the Plaintiff s Notice of Motion for dismissal of a Caveat filed by one Manasi Shamsunder Kelkar on 24th November 2011.

(2.) The Motion itself has a chequered history. It was first dismissed on 21st January 2014. Mr. Justice Dhanuka held that since the Caveat was filed by the widow of a brother of the testator, the brother having died before the testator, the Caveatrix had a cavetable interest. The other heirs cited are the deceased testator s sisters.

(3.) The matter was carried in appeal. It seems that before the Appeal Court points were not urged before the learned single Judge were argued including inter alia that one of the properties dispute is tenanted; that tenancy rights cannot be bequeathed; and therefore the Caveatrix was entitled to sustain the Caveat. Paragraphs 4 and 5 of the Appeal Court read as follows: