1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY T. & I. J. TESTAMENTARY SUIT NO.29 OF 2005 IN TESTAMENTARY PETITION NO.454 OF 2004 Kishoresingh Gangasingh Chowhan & Anr. ...Plaintiffs. Versus Kamleshsingh Harnamsingh Chowhan. ...Defendant. ....... Mr.Karl ambodi i/b. M/s.Wadia Ghandy & Co.for the Plaintiffs. Mr.Vivek Kantawala i/b. M/s.Kantawala & Co. for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 4, 2009. P.C.: A Caveat, which was filed by the Defendant, was dismissed by an order dated 29th February 2008 passed by Mr.Justice S.J. Vazifdar. The Court has been informed that an appeal against the judgment of the Learned Single Judge has been admitted by the Division Bench on 6th August 2008. However, the judgment of the Learned Single Judge dismissing the Caveat has not been stayed until date though a Motion for interim relief has been taken out. Since the order of the Learned Single Judge dismissing the Caveat has not been stayed and continues to hold the field, the Learned Advocate 2 appearing on behalf of the Plaintiffs has sought a direction to the effect that the office may be directed to process the petition in accordance with the High Court Original Side Rules as a non- contentious matter under Rule 370. Since the Defendant has taken out a Notice of Motion for interim relief, it would be appropriate to grant to the Defendant a reasonable period of time to pursue those remedies. The Learned Advocate appearing on behalf of the Defendant has sought a period of six weeks. In these circumstances, there shall be a direction to the effect that upon the expiry of a period of six weeks from today, the office shall proceed to deal with the proceedings as a non-contentious matter under Rule 370 subject to the orders that may be passed by the Division Bench in the pending Notice of Motion. ........