1 ch-summons-111 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.111 of 2010 IN Testamentary Suit No.16 of 1992 IN Testamentary Petition No.400 of 1988 Amit Devidas Nandurkar & anr. ... Petitioners/Plffs. Applicants v/s. Mrs.Gulabhai Sitaram Bairagi. ... Deft./Respondent AND Smt.Durgabai Ramkrishna ... Proposed Deft.No.2 Ms.J.A. Sarkhot with Vijaya Raman for Petitioners. Mr.R.M.Haridas for Applicants. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 28th September, 2010 P.C. : 1.The Applicant/proposed Defendant No.2 has sought to withdraw her consent given to the Petitioners in the Petition. It is her case that her consent was fraudulently obtained. She desires to contest the Suit. 2.The Petition has been filed since 1988. It has been converted into the Suit in 1992. It has not yet been 2 ch-summons-111 heard and disposed of. The Commissioner has been appointed. Evidence has to be recorded. No prejudice will be caused to any party if the Applicant is also heard along with other Defendants for contesting the Will. 3.The Advocate for the Applicant states that the Affidavit-in-support of this Application may itself be treated as the Affidavit-in-support of her Caveat so as not to delay the Suit any longer. 4.Under these circumstances, the Application is granted. The Affidavit-in-support of this Application is treated as the Affidavit-in-support of the Caveat and accordingly, her Written Statement. 5.The Suit shall proceed as already directed. The Applicant shall be entitled to take part in the trial of the Suit. The Plaintiffs shall join the Applicant as Defendant No.2 in the Suit. 6.The Plaintiffs shall carry out the necessary amendments within two weeks. The Plaintiffs shall serve the copy of the Petition/Plaint upon the Applicant within two weeks. 7.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.) 3 ch-summons-111