ORDER :

1. The petitioner has preferred this application to reject the Caveat in TP/2121/2021.

2. Shorn of superfluities, the background facts necessary for the determination of this application can be stated as under:

(a) This petition is filed for grant of Probate of the purported last Will and testament dated 14th April, 2014 of Dhruva Kumar Makharia (the deceased). The petitioner claims to have been appointed as the sole executor under the said Will. The petitioner is the nephew of the deceased.

(b) In the petition it is averred that the deceased had left behind the heirs and next-of-kin mentioned in paragraph 7 of the petition. All the heirs of the deceased have filed affidavits giving consent for the grant of Probate. Under said Will, the deceased had inter-alia bequeathed his 30% interest in a building to be constructed and developed on the land bearing Plot No. A14 CTS No. 685 of Oshiwara Taluka, Andheri, admeasuring 1021.02 Sq. Mtrs. (the subject property).

(c) Mr. Pramod Kumar Makharia, the Caveator, is the brother of the deceased. The Caveator has lodged the Caveat on 17th September, 2021. The substance of the Caveat is that the Caveator also had an interest in the subject pr