1 ch-summons-122 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.122 of 2010 IN Testamentary Petition No.958 of 2008 Smt.Meenaxi A. Dharadhar .. .. Deceased Ashutosh A. Dharadhar .. .. Petitioner Ms.Sharmila U. Deshmukh for Petitioner. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 29th September, 2010 P.C. : 1.This Chamber Summons is taken out for dismissal of the Caveat. The Affidavit-in-support of the Caveat has not been served upon the Petitioner. Filing of the Caveat was delayed. Filing of the Affidavit-in-support of the Caveat was also delayed. Hence the Testamentary Petition has not been converted into the Testamentary Suit. Consequently, this Chamber Summons is taken out. 2.This Chamber Summons is served upon the Advocate of the Caveators on 14th September 2010. No Affidavit-in- reply is filed. The Caveat deserves to be dismissed. However, one last opportunity is given to the Caveators to be able to defend the suit on merits. 2 ch-summons-122 3.The Advocate for the Caveators/Caveators shall serve copy of the Caveat as well as the Affidavit-in-support of the Caveat upon the Petitioner within one week from today, failing which the Caveat shall stand dismissed. 4.If the Advocate of the Caveators/Caveators serves the Caveat and the Affidavit-in-support thereof, notice may be given to the office thereafter so that the Testamentary Petition can be converted into the Testamentary Suit. 5.The office shall proceed with the Testamentary Petition after one week if the aforesaid directions are not complied. 6.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.)