1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 133 OF 2010 IN TESTAMENTARY SUIT NO. 54 OF 2002 IN PETITION NO. 466 OF 2001 Smt. Lata B. Narvekar & anr.........Plaintiffs versus Svinash K. Kankare & anr....... .Defendants. And Smt. Sudha A. Kenkare .... Proposed defendants Mr. L.H. Hingu for the Plaintiffs. Mrs. Savina S. Bangera for the Defendants. CORAM: MRS. ROSHAL DALVI, J. DATED : 15TH November, 2010. P.C.: 1. Two defendants have filed the caveat. Upon that caveat, Testamentary Petition has been converted into Testamentary Suit. One of the caveators has expired. Hence his heirs have to represent the estate. One of his heirs lives in Geneva and the other in Dubai. There is one heir living in Mumbai. The other defendant is represented. His advocate was representing the deceased defendant also. His advocate would be entitled to represent the heirs of his deceased client. It will be in the interest of heirs to be represented, because their father has filed the caveat 2 in the Testamentary Petition, which was converted into Testamentary Suit. Consequently, the application taken out by the Plaintiffs is essentially in the interest of the Defendant/respondent. Once they are made parties, the defendants would be served with the papers and proceedings. The Plaintiff’s advocate shall have to serve the proceedings upon them. Hence in the interest of all the parties, the Chamber Summons is made absolute as prayed. The respondents shall be made party - caveator/defendant so that they can defend the Testamentary Suit for grant of probate. The plaintiff shall make necessary amendments in the petition as well as in the copy of the petition served upon the defendant no.2. The plaintiff shall serve the amended copy of the petition upon the respondents at their respective addresses or upon the advocate for the defendant if such service on that behalf is accepted. Chamber Summons is disposed of accordingly. (ROSHAN DALVI, J.)