: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 ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION TESTAMENTARY TESTAMENTARY TESTAMENTARY SUIT NO. 6 OF 2005 SUIT NO. 6 OF 2005 SUIT NO. 6 OF 2005 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY PETITION NO. 779 OF PETITION NO. 779 OF PETITION NO. 779 OF 2002 2002 2002 Mr. Jagdish Laherchand Parikh. ...Plaintiff/Petitioner. V/s. Mr. Ramesh Laherchand Parikh. ... Caveator. Mr. Kirit Mody for the Plaintiff/Petitioner. None for the Caveator. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 19TH 19TH 19TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . The Caveator and Advocate absent although the name of the Caveator and the Advocate duly appears on board. 2. On 12th December 2008 I had adjourned this matter only to enable Mr. Mody appearing for the Plaintiff/Petitioner to inform the other side of the order that was proposed to be passed on that day. 3. In my earlier order I had already noted that the affidavit in support of the caveat which have been perused by me with the assistance of Mr. Mody does not dispute the Will but raises the issue of right, title and interest in the immovable property, disposed off under the said :2: Will. In such circumstances, on the basis of such a caveat there was no necessity to convert the matter into a contested proceeding. The Caveator has failed to establish even prima-facie as to how the Will executed by the deceased of which a probate is sought, is vitiated in any manner, contemplated in law. Once, the Caveat and the affidavit in support is clear, then, the matter need not be converted into a Suit. Once it is not so converted, then, there is no necessity of framing any issues. The matter be processed as an uncontested petition and the office to proceed in accordance with law. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)