/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 107 OF 2008 IN TESTAMENTARY SUIT NO. 49 OF 2008 IN TESTAMENTARY PETITION NO.410 OF 2008 Nilesh Mahadeo Kavankar ...Plaintiff Vs. Meera P. Kawankar and Other ...Defendants/ --- Mr. Anil P.Bagwekar for Plaintiff Mr. J.M. D'silva for Defendant/Caveator ---- CORAM: V.M. KANADE J. DATED 24TH SEPTEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner. He has taken out this Notice of Motion, seeking the following reliefs: “(a) That this Honourable Court may be pleased to dismiss the Caveat filed by the above Caveators; (b) That this Honourable Court further pleased to grant the Probate in respect of the property mentioned in the last Will of my Grandfather in favour of me; (c) Interim and ad-interim reliefs in terms of prayer clause (a) and (b) above; / 2 / (d) For the costs and the incidental to this Notice of Motion; (e) For such other and further reliefs as the nature and the circumstances of these may require and as this Honourable Court may deem fit and proper be granted.” 2. I am perused the Caveat. In the Caveat, the Caveators have challenged the will and it is their case that this Will is forged and fabricated document. In view of the Caveat filed by the Caveators, the petition is already converted into the suit. 3. Submissions made by the learned Counsel for the Petitioner, therefore, cannot be accepted. No case is made out for dismissal of Caveat. Notice of Motion is accordingly dismissed. Hearing of the suit is expedited. V.M. KANADE J.