SARWAN KUMAR JHABARMAL CHOUDHARY Vs. SACHIN SHYAMSUNDAR BEGRAJ

JUDGEMENT

(1.) In the light of the submissions made by the learned counsel for the rival parties, as also certain judgments of this Court passed by learned Single Judges and in view of the importance of the questions involved, this Court is inclined to invoke Rule 28(C) of the Bombay High Court (Original Side), Rules, 1980, to formulate questions for decision by a Larger Bench and in that backdrop to place the papers of this case before the Hon'ble the Chief Justice.

(2.) Before adverting to the rival contentions and the questions arising in the present petition, a brief reference to the chronology of events would be appropriate.

(3.) Testamentary Petition No. 109 of 2021 was filed by the respondent for grant of Probate of a Will allegedly executed on 3/3/2020, by the deceased Rajesh Chowdhary. The aforesaid Rajesh Chowdhary died in Ecuador on 25/7/2020, having committed suicide. This is evident from the copy of the death certificate placed on record with the testamentary petition, wherein the cause of death is recorded as suffocation by means of hanging. On 9/12/2020, the respondent filed the aforesaid testamentary petition for grant of probate. On 20/5/2021, the petitioner filed caveat and his affidavit in support of the caveat. The caveat was allotted lodging number 11828 of 2021. By an order dtd. 19/12/2022, delay in filing the caveat and affidavit in support was condoned. On 3/8/2023, the Prothonotary and Senior Master of this Court granted the petitioner / caveator last chance to remove office objections, within four weeks in respect of the caveat, so that it could be numbered, failing which the caveat was to stand rejected under Rule 986 of the aforesaid Rules.