IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 28 OF 2010 IN MISC. PETITION NO.1130 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Prothonotary/ Registrar's orders Court's or Judge's orders. Mr. Sunil Chinchalkar for the Applicant/Caveator. Mr.Sunil Mogre with Mr. Uday Jaguste for the respondent. CORAM : R.S. MOHITE, J. DATE : 09th July, 2010 P.C. :- 1 Notice of motion is amended in the court, by consent. Since there is a mistake in the number of days of delay, chamber summons is taken out for condonation of delay in filing the affidavit in support. It appears that initially delay was calculated as 323 days. It is however seen that caveat was filed under Section 151 of the C.P.C. Subsequently the present chamber summons was taken out prior to filing caveat under Rule 401 of the High Court Original Side Rules. Now an additional affidavit has been filed stating therein that there is a further delay of 51 days and seeking to condone the delay of 374 days in filing the caveat. Since the chamber summons has been filed before filing of the caveat, the advocate states that he may be permitted to withdraw the chamber summons . Chamber summons is allowed with liberty to file fresh chamber summons. Office is directed not to put up the probate petition for two weeks. (R.S. MOHITE, J.)