1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 97 OF 2007 IN PETITION NO. 554 OF 2006 (SUIT NO. 38 of 2007) Prakash Sunderdas Aswani .. Plaintiff versus Mahesh K. Aidasani .. Deft/Caveator And Janak Lekhraj Aswani & ors. .. Applicants And Mahesh Sunderdas Aswani & ors. .. Respondents ... Mr.N.N. Vaishnawa for the plaintiffs. Mr.G.B. Kedia for applicant. Mr.U.J. Makhija with Ms.Preeti Shah for the defendant. CORAM : D.G.KARNIK, J DATED : 17th April 2008 P.C.: 2 1. Heard. 2. By this motion, the petitioner seeks an order for the dismissal/rejection of the caveat dated 12th May 2007 filed by the respondent. 3. The facts giving rise to the dispute, in brief, are that petitioner has filed a petition for probate of the alleged last will and testament dated 18th April 2006 made by late Ms.Pushpa Aswani. The respondent has filed a caveat opposing the grant. According to the petitioner, the respondent is a stranger and is not an heir of the deceased and has no caveatable interest in the estate of the deceased and hence caveat needs to be dismissed. 4. Learned counsel for the respondent submitted that the alleged will of which probate is claimed by the petitioner is not the last will and testament of the deceased. He further submitted that earlier the deceased had made her last will and testament on 8th February 2006 and that is her last will and testament. The caveator is an executor of the said last will of the deceased. The alleged subsequent will of which the probate is sought is not the genuine and legally valid will. As such, caveator has an interest in the estate of the deceased. 3 5. The caveator has filed a petition (lodging no.2402 of 2008) for obtaining probate to the alleged last will dated 8th February 2006. In the circumstances, this court would be required to decide which is the last legal and valid will made by the deceased. At this stage, it cannot be held that respondent has no caveatable interest in the estate of the deceased. Hence, motion is dismissed. (D.G. KARNIK, J)