Ndm 1 cst.57 and cst.58.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 57 OF 2009 IN TESTAMENTARY SUIT NO. 18 OF 2001 IN IN TESTAMENTARY PETITION NO. 720 OF 2000 WITH CHAMBER SUMMONS NO. 58 OF 2009 IN TESTAMENTARY SUIT NO. 18 OF 2001 IN IN TESTAMENTARY PETITION NO. 720 OF 2000 Keki Dinshaw Bamanji Mehta and anr. ... PLAINTIFFS / PETITIONERS Vs. Sheroo Ferdoon Mistry and anr. ... RESPONDENTS / CAVEATRIX --------- Mr. P.V.Chande with Ms.Kanchan Pamnani, Advocate for Plaintiffs. Mr. Vivek Kantawala with S.P. Ramaiya, Advocate for Defendant Nos. 1 and 2. --------- CORAM : ANOOP V. MOHTA, J DATE : 01st September, 2009. P.C. 1 Since the same issue involved in both these Chamber Summons, the same are being disposed of by this common order. Ndm 2 cst.57 and cst.58.sxw 2 The Chamber Summons have been taken out by the Petitioners/Plaintiffs with basic prayers to dismiss the caveats filed by the Defendant / Caveatrix No.1 and Caveatrix No. 2 as not maintainable and alternatively prayed to expedite the suit. 3 Admittedly, the Caveatrix / Defendant Nos. 1 and 2 are not direct relatives of the deceased as contemplated in Chapter No. III of Indian Succession Act, 1925 (for short, the Act) with regard to Parsee intestates. There is no dispute that Section 50 to 55 of the Act are not applicable in the present case to the Defendants. In view of Section 56 which deals with the aspect that if there are no relatives near and dear ones are entitled to contest such proceedings. 4 Considering the averments made, the case of Defendants / Caveatrix just cannot be overlooked at the instance of Plaintiff, who is not even relative of the deceased at this late stage in the year 2009. The Petition is of the year 2000. Ndm 3 cst.57 and cst.58.sxw 5 What is Caveatrix interest is a matter which need detail inquiry and trial. At this stage, it is sufficient that the Defendants have some interest in the estate of testator, who have filed the caveat and prayed to contest the grant of probate. 6 The Apex Court in G. Gopal Vs. C. Bhaskar and others (2008) 10 Supreme Court Cases 489 has expressed that the person having even a slight interest in the estate of the testator entitled to file caveat and contest the grant of probate. 7 Taking into note of a above, I am not inclined to accept these Chamber Summons. The Chamber Summons are accordingly disposed of. However, the prayer with regard to expedite the suit as the executrix is about 72 years, the suit is expedited and be proceeded accordingly. [ ANOOP V. MOHTA, J ]