HOSHANG JEHANGIR KHAN Vs. KHUSHROO BEHRAMSHAW MOGAL

JUDGEMENT

(1.) Heard Mr. Madon, learned Senior Advocate for Applicants / Petitioners and Mr. Parmar, learned Advocate for Caveator.

(2.) This Interim Application is filed for seeking dismissal of Caveat and Affidavit-in-support thereof filed by Caveator Mr. Khushroo Behramshaw Mogal in Testamentary Petition No.3908 of 2023. Petition is filed by Applicants in their capacity as Executor and Executrix named in the Last Will and Testament dtd. 18/12/2015 alongwith the 4 Codicils (collectively hereinafter referred to as 'the Will') of the deceased namely Hilla Homi Dady alias Hilla Homi Dadysett alias Hila Dady alias Hilla Dadysett alias H.H. Dady alias H.H. Dadysett alias Hilla H. Dady alias Hila H. Dadysett (for short 'the deceased'). Testamentary Petition No.3908 of 2023 is filed on 17/10/2023 and is pending before this Court, inter alia, seeking Probate of the Will of the deceased. Applicant No.1's father and deceased's husband were cousins (maternal grandmother and grandfather respectively were brother and sister).

(3.) Applicant No.1 has known deceased since the last 50 years.