1 cst29-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Chamber Summons No.29 of 2011 in Testamentary Petition No. 871 of 2010 Mrs. Sheela V. Sahu .. Plaintiff None for the Plaintiff. Yogendra Kanchan for the Defendant i/b. V.B.Dhingraja CORAM : R.Y.GANOO, J. DATED : 20th April, 2011 P.C. : 1. Learned Advocate for the Caveator states that he has been served with the citation on 10.12.2010. The caveat was filed on 22.12.2010. As the copy of the petition was not served along with the citation, repeated requests were made and thereafter seeing the conduct of the plaintiff, this Chamber Summons was taken out in February 2011. Before this Chamber Summons could be disposed of the plaintiff has served jupon the defendant copy of the petition on 14.3.2011. Learned Advocate for the defendant applies for withdrawal of this Chamber Summons on the ground that the purpose for which this Chamber Summons was taken out is achieved. He seeks time to file 2 cst29-11.sxw affidavit in support of the caveat within two weeks from today. Hence following order is passed. ORDER i) Chamber Summons is allowed to be withdrawn with no order as to costs. ii) As the Caveator has received the copy of the petition on 14.3.2011, the caveator to file affidavit in support of the caveat on or before 5.5.2011 directly in the office. He should serve copy of the said affidavit upon the advocate for the plaintiff along with forwarding letter. [R.Y.GANOO, J.]