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2014 Supreme(Bom) 1345

R.D.DHANUKA
Jagdish Asarpota – Appellant
Versus
Jagdish Damodardas Asarpota – Respondent


Advocates:
Advocate Appeared
Mr.Abhijit Kadam for the Plaintiff and Applicant in NMT/50/2014.
Mr.Rohan Cama, a/w. Ms.Manik Jathi, Ms.Nimisha Rao, Ms.Pragya Khaitan, i/b.
Crawford Bayley & CO. for the Defendants and for Applicants in CST/64/2014.

JUDGMENT

Applicants in the chamber summons are the original defendants (caveators). Applicant in the notice of motion is original petitioner (plaintiff). The applicants in the chamber summons have prayed for leave to place on record an additional affidavit dated 6th April, 2014 in support of the caveat on their behalf. Applicant in the Notice of Motion has prayed for dismissal of caveat dated 9th July, 2012 and affidavit in support of caveat dated 13th July, 2012 of the caveators and seeks declaration that the caveat as well as affidavit in support are not maintainable. By consent of parties both the proceedings were heard together and are being disposed of by a common order. Some of the relevant facts for the purpose of deciding these two proceedings are as under :-

2. Smt.Kusum Bharat Asarpota is widow of the deceased late Mr.Bharat Ladharam Asarpota who has alleged to have executed a Will dated 15th June 1996 and had appointed the plaintiff as the executrix of the said Will. The plaintiff also claims to be the sole legatee to the properties of her late husband under the said Will. On 12th March, 2009 the testator expired. On 20th November, 2011 the plaintiff herein filed a petiti































































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