23-IA-4279-2025 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 4279 OF 2025 IN TESTAMENTARY SUIT NO. 63 OF 2019 Rekha Prabhas Pande ...Applicant In the matter between: Rekha Prabhas Pande ...Plaintiff Versus Dilipkumar Jawaharlal Sharma ...Respondent __ Mr. Jamsheed Master (through VC) a/w. Rakesh V. Misar and Vivek Rajpurohit i/b. RVM Legal for the Plaintiff Mr. Pawan K with Priya Shedge and Rahul Kamble i/b. R. V. Sankpal & Associates for the Respondent __ CORAM : ARIF S. DOCTOR, J. DATE : 28th AUGUST, 2026 P.C. 1. This Interim Application seeks dismissal of the caveat which has been filed by one Mr. Dilipkumar Jawaharlal Sharma. When the matter was called out, a request for time was made on behalf of the Caveator. It was, however, opposed on the ground that this Court had, on the previous occasion, by an order dated Basavraj Page|1 BASAVRAJ GURAPPA PATIL Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2026.08.29 14:06:23 +0530 23-IA-4279-2025 (OS).DOC 29th June 2026 specifically recorded that ‘no further time will be granted’. I was informed that the Caveator has been repeatedly seeking time. Therefore, the matter was taken up. 2. I have heard Mr. Master who submits that the Affidavit in support of the Caveat does not set out any ground on which the grant of Probate would be opposed. 3. Having heard Mr. Master and having perused for myself the Affidavit in support of the Caveat, I am satisfied that it is entirely bereft of any sustainable ground/reason in law to oppose the grant of Probate. I am reproducing the same for convenience. “1. I have been served with the copy of Citation, without Will, (Though the Petitioner has mentioned to have annexed with the Citation) of the present Testamentary Petition on 26/10/2018 by Speed Post, along with Advocate's Covering Letter under reference No. R/506/2018 dated 16/10/2018. I say that I have requested M/s. Kachwala Misar & Co. to provide a copy of Petition vide my email addressed on 26/10/2018 and reminder on 30/10/2018. I have not received the copy of Petition and reply to my email request/demand. I have strong objection for issuing Letter of Administration to the Petitioner on the basis of the Will. I say that my mother was housewife since Basavraj Page|2 23-IA-4279-2025 (OS).DOC beginning and she was dependant throughout her life. I say that my mother had no independent source of income. I say that my mother has not acquired the estate out of her own income. I say that my late mother was one of the legal heir and successor of my late father's estate and therefore she had no authority to make any Will for the entire property. I reserve my right to comment to and to file reply as and when I will be served with the Petition and copy of Will. 2. I say that my late father Jawaharlal Sharma, who died on 30/04/1993 of the old age. My late father died intestate leaving behind two flats one at Mira Road and one at Andheri. I say that my late father had movable assets in the form of Shares, Fixed Deposits, Bank Accounts and Ornaments. I say that as a elderly person and blood relation all movable assets were entrusted to my mother as trustee of the legal heirs. 3. I say that my mother was in good terms and in good relation with me till her last breath, but she never disclosed having executed any Testament/Will, she expressed her intention to distribute the movable and immovable assets. I say that the Will relied upon by the Petitioner is a disputed document. 4. I say that I am in settled possession of both the flats situated at Andheri and Mira Road. Basavraj Page|3 23-IA-4279-2025 (OS).DOC 5. I say that by this Caveat Application, I am recording my objection for issuance of Letter of Administration in favour of the Petitioner.” 4. It was then further pointed out that this Court, on 29th April 2026, had, in fact granted the Caveator time to file an Interim Application to bring on record additional affidavit in support of the Caveat but the Caveator has not done so. In these circumstances, I am satisfied that this Interim Application would have to be allowed and is, accordingly, allowed. 5. The Caveat stands dismissed. 6. The Registry shall proceed to renumber the Testamentary Suit as Testamentary Petition. [ARIF S. DOCTOR, J.] Basavraj Page|4