mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 94 OF 2010 IN TESTAMENTARY SUIT NO. 24 OF 2009 IN TESTAMENTARY PETITION NO.43 OF 2009 Deepakchandra Rajaram Dhurat ...Executor/Petitioner Vs. Smt. Laxmibai Govin d Paradkar & Ors. ...Defendants/Caveators None for Petitioner Mr. Nandu Pawar, Advocate for Defendants/Caveators CORAM : SMT. ROSHAN DALVI, J. DATED : 9TH SEPTEMBER, 2010 P.C. : 1. This Notice of Motion is for dismissing the Caveat. The affidavit in support of the Caveat only sets out the title in respect of the property bequeathed under the last Will and Testament of Govind Mahadeo Paradkar. For proof of that title a Civil Suit alone is filed. Caveat in that behalf cannot be entertained. Hence the Caveat is dismissed. 2. The Testamentary Petition shall proceed and the office shall issue probate in accordance with law. 3. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)