Bombay High Court
Mohammed Tanweer AhmadversusHorace Joseph Pereira
- Decided
- Disposal
- DISPOSED OFF
Holding
The court discharged the caveat due to the defendant's non‑appearance and converted the suit into a testamentary petition.
Summary
In the Bombay High Court, plaintiff Mohammed Tanweer Ahmad filed a testamentary suit against Horace Joseph Pereira. The court had earlier ordered that the defendant be served notice to make alternate arrangements or face discharge of his caveat. The notice was served, but the defendant failed to appear. Consequently, the court discharged the caveat and ordered that the suit be converted into a testamentary petition. The petition was listed for further directions on 7 September 2026.
Issues considered
- Whether the defendant's failure to appear after notice warrants discharge of the caveat
- Whether the suit should be converted into a testamentary petition upon discharge of the caveat
Subjects
- testamentary suit
- caveat
- discharge
- conversion
- non‑appearance
- direction
Judgment
1/2 9-TS-45-2012.DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.02
10:22:27
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 45 OF 2012
IN
TESTAMENTARY PETITION NO. 479 OF 2011
Mohammed Tanweer Ahmad ...Plaintiff
Versus
Horace Joseph Pereira ...Defendant
WITH
INTERIM APPLICATION NO. 2194 OF 2026
IN
TESTAMENTARY SUIT NO. 45 OF 2012
_______
Ms. Uttara Sarkar (through V.C.), for the Plaintiff.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 31st AUGUST, 2026
P.C.
1. This Court had, on 29th April 2026, passed the following order:
"1. The earlier record indicates that the learned counsel appearing for the
Defendant has obtained discharge.
2. Registry is directed to issue notice to the Defendant calling upon him to
make alternate arrangement, failing which the caveat filed by the Defendant
would be discharged by the Court on the next occasion. Stand over to 18th June,
2026."
2. The Court record shows that notice has been duly served upon the
Defendant. Despite which, today none has appeared. Hence, in terms of the
aforesaid order, this Court has little choice but to discharge the caveat. The
Vaibhav
2/2 9-TS-45-2012.DOC
caveat is accordingly discharged. Accordingly, the Suit will now stand converted
into a Testamentary Petition.
3. Learned counsel for the Plaintiff submits that Plaintiff's evidence is ready.
4. List the Testamentary Petition on 7th September 2026 for direction.
[ARIF S. DOCTOR, J.]
Vaibhav
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