JUDGMENT - M.G. CHAUDHARI, J.:---The petitioner-plaintiff Eruch Rustom Irani prays by this notice of motion that the caveat filed in the above petition on 26-4-1991 by the caveator-defendant be dismissed and the office be directed to proceed with the Testamentary petition (594 of 1990) for issuance of the probate of the last Will and testament of Mrs. Najamai K. Jainawalla, deceased having effect throughout India, as uncontested matter. The deceased died at Bombay on 7th February 1989 leaving the Will dated 12th January 1989. The petition was filed on 20-11-1990 by the petitioner (plaintiff). The petitioner has been named the sole executor under the will. It is stated in the petition that the deceased left no surviving heir or next of kin according to the Indian Succession Act 1925 as applicable to the Parsis. It is further stated that the deceased died as a widow and issueless and her parents had predeceased her. The deceased left no heirs from her father's side or her husband's side. The Will is produced at Ex. A. Supporting affidavit of one of the attesting witnesses Sudhir S. Phadke, Advocate has been annexed to the petition. The property and credits left behind by the deceased

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