1 chs52-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Chamber Summons No. 52 of 2011 in Testamentary Petition No.132 of 2011 Mr.Adi Framroz Cooper .. Petitioner v/s. Mr.Homi Dinshaw Gae ..Applicant/ Respondent Mr.N.R.Jagtap i/b. Anil P. Bagwe for the Plaintiff. Mr.Bharat Vaishnawa, Mr. A.B.Dubey i/b. M/s. Bharat Vaishnawa & Co. for the Applicant CORAM : R.Y.GANOO, J. DATED : 28th April, 2011 P.C. : 1. As the matter was called out, learned Counsel appearing for the applicant applied for withdrawal of this Chamber Summons with liberty to file caveat on behalf of the applicant, as according to the applicant, the applicant has caveatable interest in the estate of late Mr.K.P.Jalnewalla. At the request of learned Counsel for the applicant, Chamber Summons No.52 of 2011 is allowed to be withdrawn. 2 chs52-11.sxw 2. Applicant to pay to the petitioner, cost of Rs.1000/-. Cost condition precedent for the further proceeding. Needless to mention that liberty is granted to the applicant to file caveat to oppose the grant of probate sought in Testamentary Petition No.132 of 2011. 3. If the said caveat is filed, same shall be dealt with on merits. [R.Y.GANOO, J.]