1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 143 OF 2010 IN PETITION NO. 575 OF 2010 Mrs. Zoya, daughter of Surinder Mittal & anr........Petitioner versus Mr. Swaraj Kumar Mittal ........Applicant/Caveator. Mr. V.K. Damale adv. for the Petitioner. Mr. Atman Mehta with Mr. Anupan Surve i/b. Haresh Mehta & Co. for the Caveator. CORAM: MRS. ROSHAN DALVI, J. DATED : 15TH November, 2010. P.C.: 1. The affidavit in support of the caveat is delayed by ten days. The delay is condoned. Chamber Summons is disposed of accordingly. 2. The affidavit in support of the caveat does not show any caveatable interest. It only shows that the caveator claims the property mentioned in the will as his self acquired property. The caveator has his remedy only in the Civil Court in a declaratory suit. Hence the caveat is dismissed. 3. I am told that the parties have already entered into certain consent terms in regard to the property co-owned by the deceased and the caveator. Part of the consent terms has been 2 complied with. Part has remained as uncomplied. It will be in he fitness of things that the parties comply with all the requisite terms in the consent terms. (ROSHAN DALVI, J.)