1 NM-162 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.162 of 2010 IN Petition No.1160 of 2007 Madhukar Budhaji Worlikar .. .. Petitioner v/s. Motiram Budhaji Worliker .. Caveator/Respondent Mr.Manmohan Dudhane i/by Mr.Rupesh L. Timbhekar for Petitioner. Mr.S.K. Jain with Mr.S.P. Kashid for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January 2011 P.C. : 1.The Affidavit-in-support of the Caveat was not filed. On 20th October 2010 the Caveat came to be dismissed. That order is sought to be set aside. The Affidavit- in-support of the Caveat has been affirmed. It is sought to be filed. Delay is sought to be condoned. 2.In the interest of justice, parties are required to be heard on merits. Hence the Notice of Motion is made absolute in terms of prayer (a). 2 NM-162 3.The Affidavit-in-support of the Caveat is allowed to be filed. 4.Office shall convert the Petition into the Testamentary Suit. 5.Copy of the Affidavit-in-support of the Caveat has already been annexed to the Notice of Motion and has been served upon the Advocate of the Petitioner. 6.Petition is adjourned to 7th February 2011. (SMT.ROSHAN DALVI, J.)