: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & & & INTESTATE JURISDICTION INTESTATE JURISDICTION INTESTATE JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.17 OF 2008 NO.17 OF 2008 NO.17 OF 2008 IN IN IN SUIT SUIT SUIT NO.37 NO.37 NO.37 OF 1989 OF 1989 OF 1989 IN IN IN PETITION PETITION PETITION NO.257 NO.257 NO.257 OF 1987 OF 1987 OF 1987 Pravinkumar Gosalia .. Plaintiff/Petitioner. Versus Vinodkumar Gosalia .. Defendant/Caveator. Mr.Gautam Patel with Sheetal Shah i/b.Mehta & Girdharlal for plaintiff/petitioner. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 13th March, 2008. : 13th March, 2008. : 13th March, 2008. P.C.: P.C.: P.C.: 1. The plaintiff/petitioner has taken out the present Chamber Summons No.17 of 2008, seeking to dismiss the Caveat dated 3rd February, 1989 on the ground that there is a settlement between the parties, pursuant to the articles of Agreement dated 11th December, 1996, to which, the present Caveator Mr.Vinodkumar Gosalia is one of the parties. The photo copy of the said Agreement is produced on record alongwith Chamber Summons as Exhibit-"A". Exhibit-"A". Exhibit-"A". The original thereof is also produced for my perusal, which I have perused, compared with the photo copy and returned the original one to the plaintiff/petitioner. : 2 : 2. On being asked to look to the prayers made in the Chamber Summons, learned Counsel appearing for the defendant/Caveator submits that he tried to contact his client repeatedly but there is no reply from his client. Consequently, neither the defendant has filed any affidavit to oppose the present Chamber Summons nor he is able to make any submissions in this behalf, for want of instructions from his client. 3. In these circumstances, considering the absence of contest, the Chamber Summons is made absolute in terms of prayer clause (a). The probate proceedings be placed on Board for final disposal in the next week before the appropriate authority. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)