IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.98 OF 2009 IN CHAMBER SUMMONS NO.77 OF 2008 IN TESTAMENTARY SUIT NO.40 OF 1995 IN TESTAMETARY PETITION NO.639 OF 1994 Ms.Khairunisssa Abdul Karim Shaikh ....Petitioner V/s. Sheroo A. Shoordas ....Respondent And Nanasaheb D. Dubal ....Applicant Mr.M.S. Prasad for the Petitioner/Plaintiff. Mr.Suresh N. Manoti for the Caveator/Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH OCTOBER, 2009. P.C. :- 1. The order dated 29.8.2008 was passed in the absence of the Petitioner. There is no dispute that he was served. In any event even on merits, there is no case for recalling the order for the simple reason that the Applicant being the executor of the Will of Sheroo Ardeshir Shoordas has a caveatable interest. Needless to add that the rights of the parties have not been decided by the order dated 29.8.2008. The title of the parties has not been decided. Indeed that could not have been decided in the Chamber Summons. 2. The Notice of Motion is therefore, dismissed.