1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 14 OF 2010 IN TESTAMENTARY PETITON NO. 246 OF 2007 Mrs. Sudha Chougule ... Petitioner Versus Mrs. Indu Patel .. Respondent. ... Mr.Karl Shroff i/b M/s Crowford Bayley & Co., for the Petitioner. Ms. Christine Rewrie i/b M/s Little & Co., for the Applicant/Proposed Caveator. ... CORAM : D.G. KARNIK, J. DATED : 19th March 2010 P.C. 1. By this Chamber summons, the applicant (hereinafter referred to as ‘the Caveator’ )prays for condonation of delay in filing the Caveat. 2. Mrs. Sudha Chougule, the daughter of Parmanand Patel (hereinafter referred to as ‘the deceased’) has applied for probate of his last will and testament. The Caveator is the wife of the deceased. She therefore obviously has a caveatable interest. 2 3. The Caveator has filed Caveat filed on 6.10.2009 but there is a delay of about 162 days in filing of the Caveat. In paragraph 5 of the Chamber Summons, the Caveator has averred that the copy of the Petition was not served on her. No affidavit-in-reply has been filed. Hence, the statement is accepted and the delay is condoned. Accordingly, the Chamber Summons is allowed in terms of prayer clauses (a) and (b). (D.G. KARNIK,J.)