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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

NOTICE OF MOTION NO.16 OF 2006

IN

SUIT NO.17 OF 2003

IN

PETITION NO.4 OF 2003

Mr.Raghuvansh Dewanchand Bhasin

...

Plaintiff/orig.petitioner.

vs.

Ms.Sonia Ramkumar Kapur

...Defendant/orig.Caveator.

And

Sunil Ramkumar Kapur

...Applicant.

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Plaintiff/Original Petitioner in person present.

Mr.Sanjay Jain i/b. L.J.Law, for Applicant

CORAM: D.K.DESHMUKH,J.

DATED: 7^th July, 2006.

P.C.:-

1.

This is a notice of motion taken by the Applicant Sunil

Kapoor, basically for setting aside the order dated 6.11.2003 passed by

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this Court in Chamber summons no.474 of 2003.

2.

The facts that are material and relevant for deciding this

Notice of Motion are that the original plaintiff Mr.Raghuvansh

Dewanchand Bhasin has filed petition no.4 of 2003 in this Court for

getting probate of the Will and Codicil left behind by one Ram Kumar

Kapoor who died on 2.10.1998. The admitted position is that the

present applicant Mr.Sunil Kapoor is son of the testator and one

Ms.Sonia Kapoor was the daughter of the testator. According to