By this Notice of Motion, applicant who was original petitioner in probate petition seeks dismissal of caveat and affidavit in support dated 5th February, 2007 filed by Mr.Lalta Prasad Ram Nihor Tiwari, the original caveator and seeks grant of probate of the Will dated 24th July, 1995 of the Rajbali Ram Nihor Tiwari alias Rajbali R.N.Tiwari. Some of the relevant facts for the purpose of deciding this Notice of Motion are summarised as under:-

2(a) Mr.Rajbali Ram Nihor Tiwari (hereinafter referred to as the said 'deceased') was brother of Mr.Jarda Prasad Ram Nihor Tiwari and Mr.Lalta Prasad Ram Nihor Tiwari. The said deceased died on 21st September, 2006. The said deceased was bachelor at the time of his death. It is the case of the applicant that the said deceased left a Will on 24th July, 1995 and appointed the applicant as the sole executrix under the said Will of the deceased. On 15th November, 2006, the applicant filed a probate petition (948 of 2006) in this court inter alia praying for grant of probate having effect throughout the State of Maharashtra. Names of the next of keen are disclosed in paragraph 8 of the petition. The said deceased died leaving behind him M