1 ch-summons-121 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.121 of 2010 IN Caveat No. of IN Testamentary Petition No.133 of 2010 Smt.Nisha Prakash Nichani .. .. Petitioner v/s. Dr.K.B. Nichani .. .. Caveator Ms.Komal Joshi i/by M/s.Khaitan & Jayakar for Caveator/Applicant. Mr.G.V. Bhagwat i/by M/s.Divekar & Co. for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 4th October, 2010 P.C. : 1.The filing of the Caveat has been delayed. The delay is sought to be condoned. The Petition has been filed on 22nd December 2009. The copies of the citations were affixed on the Court premises and in the Collector s office on 19th March 2010. The Caveat as also the Vakalatnama dated 16th July 2010 are sought to be filed on 17th July 2010. The Affidavit-in-support of the Caveat dated 31st August 2010 is sought to be filed in 2 ch-summons-121 September 2010 under the letter of the Caveator s Attorneys without the date of September 2010 addressed to the Prothonotary and Senior Master of this Court. 2. The Caveat is stated to be for guarding the interest of the minor children of the Petitioner in the properties of her deceased husband. The Caveat, as shown by the Affidavit-in-support of the Caveat running into 84 pages, is itself completely misplaced. The Caveat cannot be filed for the purpose shown in the said Affidavit. 3.The Applicant/Caveator would be required to take proper proceedings in accordance with law in the proper forum. The delay in filing the Caveat and the Affidavit-in- support thereof has to be explained from the date of the affixation of the citations. 4.The Caveator has sought to explain the delay from another Petition filed by the Petitioner herein, under Section 8 of the Hindu Minority and Guardianship Act, 1956, on 11th June 2010, with which this Petition is not concerned. 5.The Caveator has contended that he became aware of the filing of that Petition in which he filed his reply on 8th July 2010. From the Annexures in that Petition, he 3 ch-summons-121 claims to have had knowledge of this Petition. 6.No cause for delay in filing the Caveat upon the copy of the citation being affixed in March 2010 is at all shown. 7.This Application completely lacks bona fides. 8.Consequently, the delay is not condoned. The Chamber Summons is dismissed. (SMT.ROSHAN DALVI, J.)