Bhagwandas Gobindram Mahtani v. Chandrumal Gobindram Mahtani And 2 ORS.

kvm 1/2 904-CHOL148.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER ORDER NO. 148 OF 2018 IN MISC. PETITION (L) NO. 676 OF 2017 IN TESTAMENTARY PETITION NO. 1171 OF 2016 Bhagwandas Gonindram Mahtani ..... Petitioner

VERSUS

Chandrumal Gobindram Mahtani & Ors.

..... Respondents Mr.Durgesh Kulkarni, i/b. Lex Firmus for the Petitioner. Mr.Gaurav Jangale, i/b. I.V.Merchant & Co. for the Respondent no.1. CORAM :

R.D. DHANUKA, J.

DATE :

5th FEBRUARY, 2019 P.C.

Not on board. Upon mentioning, taken on board by consent of parties.

2.

By this chamber order, the applicant prays for setting aside the order dated 10th October,2017 passed by the learned Prothonotary and Senior Master insofar as Misc Petition (L) No.676 of 2017 is concerned.

3.

Heard learned counsel appearing for the parties. In my view, in the affidavit in support of the chamber order, the applicant has made out a case for setting aside the order passed by the learned Prothonotary and Senior Master on 10th October,2017 insofar as Misc

kvm 2/2 904-CHOL148.18 Petition (L) No.676 of 2017 is concerned. For the reasons recorded in the affidavit in support, order dated 10th October, 2017 passed by the learned Prothonotary and Senior Master is set aside on the condition that all the office objections are removed within two weeks from today.

4.

It is made clear that if the office objections are not removed within two weeks from today, Misc Petition (L) No.676 of 2017 to stand dismissed without further reference to court. 5.

Chamber order is allowed in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]