mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 29 OF 2011 IN TESTAMENTARY PETITION NO. 788 OF 2007 Frederick Joseph Braganza ...Petitioner Vs. Richard C. Braganza ...Respondent/Caveator Mr. A.S. Ramesan for the Petitioner Mr. U.S. Borade for Respondent /Caveator CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH JUNE, 2011 P.C. : 1. This Notice of Motion is for dismissal of the Caveat as having been filed beyond time. The citation has been served on 26th March 2009. The Caveat has been filed on 22nd April 2009. It is delayed by 12 days. The Caveator’s Advocate states that the Caveator suffered from high blood pressure at the relevant time. The Caveat does not deserve to be dismissed. In order not to delay the Petition further and to hear both sides on merits directions for proceeding with the suit are required to be passed. 2. The Caveator shall pay costs of Rs.1000/- to the Petitioner within 2 weeks. Upon payment of costs the caveat shall be accepted. The Caveator shall file the affidavit in support of the Caveat within 8 days from such acceptance. 3. The Petition shall be converted into the Testamentary Suit thereafter. 4. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)