1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION Notice of Motion No.26 of 2011 in Testamentary Petition No. 134 of 2011 Ashok Kumar Badri Prasad .. Applicant/ Proposed Caveator v/s. Yogesh Prasad @ Yogeshkumar Badri Prasad & Others ..Respondents Mr.Deepak Deshmukh i/b. M/s. K.P.Tiwari & Co.for the Applicant. Mr.Amit Sheth for the Respondents CORAM : R.Y.GANOO, J. DATED : 20th August, 2011 P.C. : 1. Learned Advocate for the applicant submits that his client had filed caveat to the present testamentary petition on 6.7.2011. He admitted that within 10 days from 6th July, 2011 he has not filed affidavit in support of the caveat. If this be so, his caveat cannot be accepted and as such he is third party having no right to seek relief in this proceeding. 2 2. In view of the above, the notice of motion taken out by the applicant Ashok Kumar is dismissed with no order as to costs. [R.Y.GANOO, J.]