1 NM-109 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.109 of 2009 IN Suit No.33 of 1992 IN Testamentary Petition No.583 of 1989 Tiruvengadam Sreenivasan .. .. Plaintiff v/s. Tiruchirapalli S. Rangaswamy .. Caveator/Deft. Mr.Cycus Ardeshir i/by P.P. Kapadia for Plff. Mr.Simil Purohit i/by Wadia Ghandy & Co. for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 23rd November, 2010 P.C. : 1.This Notice of Motion is taken out for dismissal of the Caveat. The Affidavit-in-support of the Caveat shows that the caveator has claimed joint title with the deceased by virtue of paying of certain consideration and by virtue of the fact that certain letter was issued by the Society stating that the caveator as well as the deceased (who are brothers) were joint plot- holders. 2.The caveator has, therefore, only challenged the title of the bequest made under the Will. The execution of the Will has not been challenged. The Caveat is, therefore, dismissed. 2 NM-109 3.The Petition shall proceed. (SMT.ROSHAN DALVI, J.)