1. The present notice of motion is taken out in a testamentary petition for probate. The motion prays for dismissal of a caveat and affidavit in support thereof filed in the petition and grant of probate after such dismissal.

2. The testamentary petition is filed by the Petitioners, claiming as executors of the last will, codicil and testament of Venkateshwar Onkarmal Somani, for probate of the last will, codicil and testament. The Respondent to the notice of motion is a caveator, who has filed a caveat dated 22 July 2016 and an affidavit of the same date in support of the caveat, in the testamentary petition. Upon filing of the caveat and affidavit in support thereof, the petition has been converted into a testamentary suit. That was without reference to the Petitioners/Applicants. The Petitioners/Applicants have now taken out the present notice of motion on the ground that the Respondent/caveator has not made out any single ground of objection to the grant of probate. It is accordingly prayed that the caveat should be dismissed and the conversion of the testamentary petition into a suit be revoked and probate be granted to the Petitioners.

3. The brief facts of the case,