1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION CHAMBER SUMMONS NO. 78 OF 2009 IN SUIT NO. 90 OF 2008 IN PETITION NO. 897 OF 2008 Mr. Keshav Anant Karambelkar. ... Deceased. Mr. Ashok Keshav Karambelkar. ... Plaintiff. V/s. Mr. Raghunath Keshav Karambelkar & Anr. ... Defendant. Mr. Mukund Padgaonkar i/b. Shailesh Kumar for the Plaintiff. Mr. Satya Shettigar for Defendant No. 1 in S.90/08. Mr. Dipen Furia i/b. Niranjan & Co. for Defendant No.2 in S.90/08. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th NOVEMBER 2009. P.C. :- Perused the Chamber Summons, affidavit in support and reply. While it is true that the request made is belated, nonetheless, in the larger interest of justice, the Caveator cannot be prevented from filing an additional affidavit in support of caveat more so, when the request to dismiss the caveat has been rejected. In these circumstances, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b), subject to the Applicant/Caveator/Defendant paying costs quantified at Rs.2,000/- to the Plaintiff. Costs condition precedent. Costs to be paid within a period of two weeks from today. (S.C. DHARMADHIKARI,J.)