hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 99 OF 2007 NOTICE OF MOTION NO. 99 OF 2007 NOTICE OF MOTION NO. 99 OF 2007 IN IN IN TESTAMENTARY SUIT NO. 58 OF 2007 TESTAMENTARY SUIT NO. 58 OF 2007 TESTAMENTARY SUIT NO. 58 OF 2007 IN IN IN TESTAMENTARY PETITION NO. 620 OF 2007 TESTAMENTARY PETITION NO. 620 OF 2007 TESTAMENTARY PETITION NO. 620 OF 2007 Bijendra R. Singh ... Petitioner Versus Ashok G. Rajani ... Respondent Mr. A.V. Anturkar i/by R.S. Jadhav for Petitioner/Appellant. Mr.Kamble i/by A.M. Sarogi for Caveator. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. DATED: 27TH AUGUST, 2008 DATED: 27TH AUGUST, 2008 DATED: 27TH AUGUST, 2008 P.C. P.C. P.C. . Heard counsel for the Petitioner and counsel appearing on behalf of the caveator. The Petitioner has taken out this Notice of Motion for disposal of the Caveat Application taken out by the respondents on the ground that no cause of action arises in view of the affidavit filed by the Petitioner herein. Few facts are as under : . The Petitioner has filed a Petition for Probate of the last Will and testament of Ramkishoredas Sadhanwala alias Ramkishoredas alias Ram Kishore Baldevdas. The caveat was lodged by the respondents stating therein that the part of he property belongs to the trust and therefore, no probate can be granted in respect of the suit property. The counsel for the Petitioner has filed affidavit dated 24.7.2008. In this affidavit, he has made a statement that he is relinquishing his interest in the trust property. In Para 2 of the said affidavit, he has made a categorical statement that the suit property is a trust property. The Petitioner is not claiming any independent right as owner of the said Ramnivas Ram Mandur Trust property. In Para 3 of the said affidavit, he has given a description of the said property and has also annexed sketch map at Exh. (a). In view of the affidavit filed by the Petitioner, the Caveator Respondent who claims to have interest in the trust property cannot raise any objection in respect of the other properties which belong to deceased and in these circumstances, no cause of action survives in favour of Respondent caveator and as such the Caveat Application will have to be dismissed on that count alone. Hence, notice of Motion taken out by the Petitioner is allowed in terms of Prayer Clause (a). Motion accordingly disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)