:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 102 OF 2008 OF MOTION NO. 102 OF 2008 OF MOTION NO. 102 OF 2008 IN IN IN PETITION PETITION PETITION NO. 610 OF NO. 610 OF NO. 610 OF 2007 2007 2007 Dr. Ramanlal Nathalal Joshi @ Ramanlal N. Joshi. ... Deceased. Dr. Padmakant Nathalal Joshi. ...Petitioners. V/s. Dr. Prakash R. Joshi. ... Proposed Caveator. Mr. G.K. Shah for the Petitioner. None for the Caveator. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 09TH 09TH 09TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . It appears that the Caveator has not proceeded to argue this Chamber Summons on merits. The Chamber Summons was dismissed for want of prosecution on 10th October 2008. This Chamber Summons was for condoning the delay in filing the Caveat and affidavit in support. However, none came forward to argue the Chamber Summons. The Respondent Dr. Prakash R. Joshi has not thus taken any steps to have the Caveat registered. 2. It is apparent from the record that the Notice of Motion was moved earlier and it was pointed out to the Court that no Caveat was filed by the said Dr. Prakash Joshi. When this fact was highlighted, the said Dr. Prakash took out the Chamber Summons but did not pursue it. :2: 3. In these circumstances, the Caveat will have to be dismissed as it does not satisfy the requirements stipulated in the Rules. The Notice of Motion is, therefore, made absolute in terms of prayer clause (a). No costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)