1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 117 OF 2007 IN TESTAMENTARY SUIT NO. 16 OF 2007 IN TESTAMENTARY PETITION NO.475 OF 2003 Mr. Suresh Hemmady ...... Petitioner/Plaintiff. V/s Dinesh Pandurang Bellare ....... Caveator/Defendant ------ Mr. A.B. Shrikhande for the plaintiff. Mr. S.M. Gorwadkar i/b Mr. B.G. Saraf for the caveator/defendant. ------ CORAM: V.M. KANADE, J. DATE : 10th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel for the plaintiff and the learned counsel for the defendant. 2. This notice of motion is taken out by the plaintiff, seeking an order of this Court for dismissing the caveat lodged in Petition No.475 of 2003. Plaintiff has filed a probate petition No.475 of 2003, seeking probate of the last will and testament of Mrs. Mira Ramdas Nadkarni. After the Petition was filed, defendant filed a caveat in which he has stated that he is filing a caveat as an heir of 2 the deceased. It is further stated in the affidavit in support of the caveat that the Will which has been executed is bogus and the deceased would not have executed the Will after nominating the flat in the name of the caveator's wife and son. 3. The learned Counsel appearing on behalf of the plaintiff submits that no cause of action survives to make a caveat application since no particulars have been mentioned in the caveat application, stating the reason why the said Will is bogus or forged and fabricated. 4. It is not possible to accept the contention raised by the learned Counsel appearing on behalf of the plaintiff. I have perused the affidavit in support of the caveat application. The caveator has specifically alleged that the said Will is forged and fabricated and the other particulars also have been given in his affidavit in support. Therefore, it cannot be said that no cause of action accrues in favour of the caveator on the basis of the affidavit in support filed by him. These questions will have to be decided in the suit and the defendant will have to lead evidence to establish that the Will is forged and fabricated. The submission made by the learned Counsel appearing on behalf of the plaintiff, therefore, cannot be accepted. 3 5. Notice of Motion is accordingly dismissed. (V.M. KANADE, J.)