1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.39 OF 2008 WITH CHAMBER SUMMONS NO.40 OF 2008 IN T.SUIT NO.49 OF 2005 IN PETITION NO.104 OF 2005 Sudhakar Anantram Shetty ...Petitioner Plaintiff Vs. Krishna Koraga Shetty ...Caveator Defendant Mr. S.N.Shah i/b. Dhruv and Co for Plaintiff Ms.Purnima G. Bhatia for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 25TH APRIL, 2008 P.C. 1. The Caveator and the Petitioner expired. Before he expired upon filing of the caveat the Petition was numbered as Testamentary Suit. The Caveator was Defendant in the suit. Upon he having been expired his heirs are to be brought on record as Caveators, if they desire to challenge the Will. 2 2. The heirs have not been made respondents to this Notice of Motion. But the Notice of Motion is served and the heirs are represented by their Advocate. The Advocate for the heirs states that they desire to challenge the Will and to continue the Testamentary Suit. Accordingly they shall have to be brought on record of the Testamentary Suit as Defendants. 3. Instead the Petitioner/Plaintiffs have applied for the declaration that on the death of the Defendant /Caveator, the Caveat stand discharged. 4. In view of the cause of action having survived to the heirs, and the heirs stating that they are desirous of challenging the Will, the Caveator cannot stand discharged. 5. The Advocate for the Petitioner/Plaintiff states that they should file a fresh Caveat within 8 days from today. There is no provision in law which is shown to the Court. That technicality need not be observed. The Petitioner/Plaintiff is required to be heard on merits. There shall be no order on the Notice of Motion save and accept that the Petitioner/Plaintiff shall bring the heirs of the Caveator on record of the Testamentary Suit. 3 6. The Petitioner/Plaintiff shall carry out amendments within 2 weeks and serve a copy of the amended Testamentary Suit upon the heirs of the Caveator also within 2 weeks. The heirs of the Caveator waives servie. 7. Notice of Motion is disposed of accordingly. (SMT. ROSHAN DALVI, J.)