1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.131 OF 2007 IN T.& I.J.SUIT NO.29 OF 2005 IN T.& I.J.PETITION NO.454 OF 2004 Kishoresingh Gangasingh Chowhan & anr ..Petitioners V/s. Kamleshsingh Harnamsingh Chowhan ..Respondent Mr.Zubin Kamdin a/w.Mr.Karl Tambori i/b.M/s.Wadia Ghandy & Co., advocate, for the petitioners Mr.Vivek Kantawala i/b.M/s.Kantawala & Co., advocate, for respondent CORAM : S.J.VAZIFDAR, J. DATE : 29TH FEBRUARY, 2008 P.C. . The petitioner has taken out this Notice of Motion for dismissal of the caveat dated 2nd May, 2005 filed by the defendant in the T.& and I.J. Petition No.454 of 2004. 2. The petitioner No.2 is the sister of 2 petitioner No.1. The petitioners filed the above petition for probate of the Will and Testament of their father on 7th July, 1992. Their father expired on 4th May, 2003. The caveator is not a beneficiary under the Will. Even on intestity the caveator would not be entitled to a share in the estate of the deceased as he is the son of a brother of the deceased. 3. The father of the deceased belongs to large family. Some of them had filed a partition suit in the year 1972 in the City Civil Court at Mainpurit (U.P.) which had been decreed on 23rd April, 1982 and an appeal against the said decree, which had been filed, is pending. I am informed that the status-quo order has been passed in the appeal. Even assuming that the probate of the said Will is granted, it would not affect the caveator's right in respect of the property in any manner. The property admittedly, is owned by several family members. Admittedly, again the caveator also has 3 an interest therein. In fact, all the parties appear to have an undivided interest in the property. Thus, neither the Will nor the Probate thereof, if granted, will affect caveator's right either in the said partition suit or otherwise assuming that the caveator also has an interest. 4. Notice of Motion is made absolute in terms of prayer clause (a). Office to proceed on the basis of the matter. (S.J.VAZIFDAR, J.)