1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION NOTICE OF MOTION NO. 76 OF 2009 IN SUIT NO. 91 OF 2008 IN PETITION NO. 98 OF 1993 Mr. Sitaram Keshav Karambelkar. ... Deceased. Mrs. Vijaya Arun Karambelkar & Anr. ... Plaintiff. V/s. Mrs. Mangal Suresh Thakur. ... Defendant. Mr. Mukund Padgaonkar i/b. Shailesh Kumar for the Plaintiff. Mr. Dipen Furia i./b. Niranjan & Co. for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th NOVEMBER 2009. P.C. :- This is a Suit which is contested by the Defendant. The proceedings are converted into a Suit at the instance of the Caveator/Defendant. She is the daughter of Sitaram Keshav Karambelkar (deceased) for whose estate and credit Letters of Administration are sought by the Plaintiff. 2. In the light of the admitted factual position, I do not see how the Caveat can be rejected. More so, when the arguments are directed towards the conduct of the Caveator/Defendant. It may be true that her conduct is not blemishless. Further, it may be such as would did-entitle her 2 eventually from discretionary and equitable relief. However, the caveat cannot be dismissed on this ground. 3. Considering the admitted factual position, the Notice of Motion is dismissed. No order as to costs. (S.C. DHARMADHIKARI,J.)