1 cst77-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Chamber Summons No. 77 of 2011 . in Testamentary Petition No. 96 of 2011 Suresh Keshav Gujar & Anr. .. Plaintiffs v/s. Pratibha Subhash Kulkarni & Anr. ..Defendants Ms.G.V.Bhagwat i/b. M/s. Divekar & Co. for the Plaintiffs. Mr. Kumar U. Singh for the Defendant/ Caveator/ Applicant in Chamber Summons CORAM : R.Y.GANOO, J. DATED : 17th August, 2011 P.C. : 1. By this Chamber Summons, delay in filing affidavit in support of the caveat is sought to be condoned. There is no affidavit in reply. 2. Heard learned Counsels on both sides. Copy of the caveat is served upon the petitioners. Accordingly, copy of the petition is served upon the present caveators. Caveators will now have to file affidavit in support of the caveat. In the peculiar facts and circumstances, the 2 cst77-11.sxw Caveators should be permitted to file affidavit in support of the caveat. That be done within period of 7 days from today. On account of this, whatever delay is caused will have to be condoned. 3. Caveator to file affidavit in support of the caveat on or before 30.8.2011. They should file it directly in the office, serve copy of the same upon the petitioners on or before 3.9.2011. 4. Delay in filing affidavit in support of the caveat is condoned. 5. Counsel for the petitioner makes a grievance that the citations have not been issued to the three heirs. Petitioner to write a praecipe informing the office as to who are the persons against whom the citations are not served. Office to issue citations accordingly. 6. Chamber Summons is disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]