Manisha Gautam Khanna v. Gautam Kush Khanna (Deceased)

913-NMT-49-2016.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 49 OF 2016 IN TESTAMENTARY PETITION NO.1559 OF 2013 Gautam Kush Khanna ... Deceased

Versus

Manisha Gautam Khanna

...Petitioner

Ms. Vaibhavi Gole, i/b. M/s. Devan Dwarkadas & Partners for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

7th April 2016 P.C.

1.

The Petition was dismissed in default. There is a delay of 215 days in filing this Notice of Motion for restoration. I am quite willing to restore this Petition which is so far uncontested. But I absolutely will not grant prayer clause (b) in the manner it is worded seeking eight weeks' time to remove office objections. 2.

The delay is condoned. The Petition is restored to file. All office objections to be removed on or before 29th April 2016 with no possibility of an extension. The Advocates for the Petitioners are not permitted to mention the matter for extension of time.

913-NMT-49-2016.DOC 3.

If the office objections are not removed by 29th April 2016, the Petition will stand dismissed automatically without further reference to the Court and will not be restored thereafter under any circumstances.

4.

The Notice of Motion is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.)