:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 19 OF 2009 SUMMONS NO. 19 OF 2009 SUMMONS NO. 19 OF 2009 IN IN IN PETITION PETITION PETITION NO. 521 OF NO. 521 OF NO. 521 OF 2008 2008 2008 Late Indumati M. Lohokare ... Deceased. Mr. Narendra Sudhakar Musale. ... Petitioner. V/s. Mrs. Prabha B. Deshpande & Ors. ... Applicants. Mr. Milind Sewale i/b. Ghanekar & Co. for the Petitioner. Mr. Sachin Chavan for the Caveator. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 13TH 13TH 13TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons praying for condonation of delay in filing the Caveat and affidavit in support. 2. It is undisputed that the delay is of 66 days. The Applicants have stated that they are ordinarily residing at Nasik and therefore, it took them some time to approach an Advocate at Mumbai so as to take steps to oppose the grant. Further, they have stated that they are senior citizens and are only depending upon their sons. The sons are driving Taxis. In such circumstances, they took time to arrange the funds. For all these reasons, the delay be condoned. :2: 3. In the affidavit filed in reply, the Petitioner contends that the delay has not been explained satisfactorily and there is negligence on the part of the Applicants. Further, the Will has been registered and therefore, the Applicants were very well aware of the execution of the same. 4. Having perused the Chamber Summons, the affidavit in support and reply, I am of the view that the delay deserves to be condoned. The Applicants cannot be said to be guilty of negligence or lack of bonafides. They have pointed out sufficient cause in not being able to move the Court earlier. The Chamber Summons is made absolute in terms of prayer clause (a). In the peculiar facts of this case, there will be no order as to costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)