Nmt96.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 96 OF 2009 IN SUIT NO. 53 OF 2009 IN PETITION NO. 674 OF 2007 Nari Kaikhusru Bharucha ...Plaintiff (Petitioner) Vs. Rati Doss Bharucha ...Defendant (Caveator) Mr. Dara Zaiwala, Sr. Counsel with Mr. K.J. Presswala i/by Mr. A.S. Khushrushahi for the Plaintiff. Mr. P.S. Sawant with Ms. J.N. Mamnya for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 26TH FEBRUARY, 2010. P.C.- 1 In the matter of Petition for Probate of the last Will and testament of deceased Nusserwanji N. Bharucha, the Notice of Motion is taken out to dismiss the Probate for want of sufficient and reasonable ground to challenge the grant of probate. The same was opposed by the other side by filing an Affidavit and by referring the Chamber Summons No. 98 of 2009 in the same suit. 2 The Defendant- Caveator by Chamber Summons No. 98 of 2009 raised additional grounds in support of the affidavit already filed on Nmt96.09 2 08/06/2009 and thereby various additional reasons are set out to challenge the Will dated 26/04/1995. 3 The Court after considering the rival contentions allowed the said Chamber Summons and therefore, the ground so raised/ added are sufficient to consider the case of the Caveator-Respondent to object and participate in the proceeding. 4 The Apex Court in G. Gopal Vs. C. Baskar & Ors. (2008) 10 S.C.C. 489, has observed that slightest caveatable interest is sufficient to allow the Caveator to object the grant of Probate. 5 Therefore, the submission that there are no grounds raised and/or reasons made out and therefore the Motion be allowed and the Caveat be dismissed, has no force, also in view of the order after grant of Chamber Summons. 6 Resultantly the Notice of Motion is dismissed with no order as to costs. (ANOOP V. MOHTA, J.)