ORAL JUDGMENT :

1. This notice of motion is taken out by the petitioners praying for dismissal of the caveat filed by the caveator i.e. Purshotam V. Raheja. By prayer clause (b) the petitioner has prayed that the probate be issued in favour of the petitioner without taking the cognizance of the said caveat in accordance with the provisions of law. After the service of this notice of motion upon the caveator, the parties herein have completed filing of affidavits.

2. The petitioners have filed this petition for probate in respect of the last Will and Testament said to have been executed by Shrichand V. Raheja. There are three next of kins of late Shrichand V. Raheja more particularly set out in para 9 of the petition. Out of these three persons, two persons have filed this probate petition and consent affidavit has been filed by the third next of kin i.e. Laxmi S. Raheja. In the normal course, this petition could have been treated by the office as uncontested petition and the office could have gone ahead. It is noticed that a caveat came to be filed by Purshotam V. Raheja (for short said caveator) on 10th January, 2011. Along with the said caveat, affidavit in support of c