1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.72 OF 2010 IN TESTAMENTARY PETITION NO.201 OF 2004 Naville D’souza )..Petitioner V/s Elvis Gracious & Anr. )..Respondents ---- Mr.Kernal China for the petitioner Mr.B.G.Saraf for the caveator. ---- Coram : R.S.MOHITE,J Date : 2/7/ 2010 PC 1 This is a Chamber summons for condonation of 8 days delay in filing the affidavit in support of the caveat. In the affidavit in support of the Chamber summons it is mentioned that caveat was filed within time. In paragraph-2, reason given for the delay was that there was a change of Advocate. Caveator no.1 was residing in Jabalpur faced difficulty in giving instructions to his present Advocate. In the circumstances, in the interest of justice, Chamber summons is allowed in terms of prayer clause-(a) subject to payment of cost of Rs.1000/- which would be paid to the petitioner through his Advocate within a period of 3 weeks from today. Chamber summons stands disposed off. (R.S.MOHITE,J) 2 3