:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.132 OF 2007 IN SUIT NO.74 OF 2007 IN TESTAMENTARY PETITION NO.871 OF 2007 Arvind Sitaram Ayer Constituted Attorney of Haridas Sitaram Ayer ..Plaintiff. Vs. U.Raghavendra Acharya & Ors. ..Defendants. Mr.Vora i/b.Ms.Bina Shivhane for the Plaintiff. Mr.R.M.Nakhawa i/b.Mr.Vasant Dhawan for the CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 18TH JANUARY, 2008 DATED : 18TH JANUARY, 2008 DATED : 18TH JANUARY, 2008 P.C. : P.C. : P.C. : The application to file an additional affidavit in support is rejected considering the view that I have taken on the Notice of Motion. 2. The Notice of Motion has been taken out by the Caveator for the summary dismissal of the Testamentary Petition on the ground that it is not maintainable. The Caveator has also sought the deletion of certain properties mentioned in the schedule inter-alia on the ground that it is not a part of the Will and has been dealt with and disposed of by the testator during his life time. :2: 3. These are questions which must be considered at the hearing of the Testamentary Petition and cannot result in a summary dismissal of the petition. 4. It is always open to the Caveator to urge all these contentions at the final hearing of the petition. This of course is without prejudice to the Petitioner’s Notice of Motion for dismissal of the Caveat, if filed. 5. The Notice of Motion is accordingly dismissed. The hearing of the petition is expedited.