1 nm-90 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.90 of 2010 IN Testamentary Petition No.940 of 2009 Madhusudan Mansukhlal Sanghavi .. .. Plaintiff v/s. Dr.Mrs.Maya Kiran Khandwala .. .. Proposed Caveatrix Mr.D.D. Madon with Mr.A.R.Bapat for Petitioner. Mr.Nitin Thakkar with Mr.Rajesh Shah & Ms.Sonal Awasthi i/by M/s.Vinod Mistry & Co. for Caveatrix/Deft. ------- CORAM : SMT.ROSHAN DALVI, J. DATED : 13th September, 2010 P.C. : 1.This Notice of Motion is taken out for taking legal action under Section 191 of the Indian Penal Code against the Caveatrix for having made a false statement on oath in the Affidavit dated 19 th March 2010. The said Affidavit is the Affidavit-in-support of the Chamber Summons taken out by the Caveatrix being Chamber Summons No.45 of 2010 in the above Petition for condonation of delay in filing the Caveat. The delay has been condoned. 2.The Chamber Summons came to be disposed of 2 nd July 2010 condoning the delay. The Petitioner himself was 2 nm-90 represented. Since the delay was not substantiated, it was condoned on payment of Rs.2,000/-. 3.It is thereafter that this application is taken out based upon the Affidavit-in-support of that Chamber Summons. It is contended that the statement I say that in the said suit it has been stated by me that my deceased father as also my deceased mother have died intestate is false. The Caveatrix herself in the suit filed by the Caveatrix being Suit No.1895 of 2009 in this Court for a declaration and partition has shown some of the properties being the property in Exhibit-B thereto as having a reference of the Will of the mother of the Caveatrix. 4.To that extent, the statement may be incorrect. It appears not to be willful. It appears not to be substantiated. It is not based upon this statement that the delay has been condoned or any prejudice has been caused to the Petitioner. The Notice of Motion is, therefore, not merited for taking action in view of the statement albeit partially incorrect. 5.There shall be no order on the Notice of Motion. There shall be no order as to costs. (SMT.ROSHAN DALVI, J.)