1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 173 OF 2009 IN MISC. PETITION NO.232 OF 2002 Ramchandra S. Gangan alias R.S. Gangan ..Deceased vs. Suresh Ramchandra Gangan ..Petitioner And Tukaram Ramchandra Gangan ..Caveator ----- Mr. Deepak Y. Chitnis for Petitioner ----- CORAM: V.M. KANADE J. DATED: 5TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. None appears on behalf of the Caveator though they were served. The Petitioner has already filed affidavit of service. Notice of Motion is taken out by the Petitioner for dismissal of the Caveat on account of non-filing of the affidavit in support of the Caveat. It is an admitted position that the affidavit in support has to be filed within eight days from the date of the filing of the Caveat and 2 there is a gross delay in not filing of the said Caveat hence, in view of Rule 402 of the High Court Original Side Rule, the Caveat is dismissed. 3. The delay in taking out the Notice of Motion is condoned. Caveat is, accordingly, dismissed. Office to proceed. (V.M. KANADE J.)