Kadambari Govind Deodhar v. Gunvantrai Ambaram Vaidya (Deceased)

NMT46_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.46 OF 2017 IN PETITION NO.752 OF 2011 (Kadambari Govind Deodhar) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Vijay Emul i/b. Kartik S. Aiyar for Applicant. CORAM : R. G. KETKAR, J.

DATE : 11TH AUGUST, 2017 P.C.:

Heard Mr. Emul, learned Counsel for applicant / petitioner.

2.

By this Motion, applicant has prayed for recalling the order dated 21.01.2013 passed in Testamentary Petition No.752 of 2011 after condoning the delay of 1454 days in taking out the Motion. He submitted that on 21.01.2013, Testamentary Petition No.752 of 2011 along with other Petitions were listed for directions before this Court for removal of office objections. Petitioner was given last opportunity to remove office objections within 8 weeks, failing which, Petition was to stand dismissed without further reference to the Court. He submitted that the petitioner has not given details of movable and immovable properties in the Schedule. He submitted that 1/2

NMT46_17.doc after restoration of the Petition, he will remove the office objections within four weeks from today and will not seek further extension of time.

3.

In view thereof and for the reasons set out in the affidavit in support of Motion, Motion is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. Testamentary Petition No.752 of 2011 is restored to its original position. Petitioner shall remove office objections within four weeks from today and shall not seek further extension of time. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2