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Bombay High CourtCHOL/307/2018disposed off

Mahesh Babaubhai Rathod v. Babubhai Ukabhai Rathod

2018-03-26Registrar(Os)/Prothonotary And Sr. Master1 pages

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 26th March, 2018 FOR HEARING AND FINAL DISPOSAL (ORIGINAL SIDE MATTERS) : CHOL/307/2018 TPL/139/2015 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ravindra Shetty, Advocate for Applicant.

P.C. :

Instant Chamber Order is taken out for setting aside Order dated 16.01.2018, rejecting Testamentary Petition filed for grant of Letter of Administration, for non-removal of office objections.

Perused Affidavit in Support. Heard Ld.

Counsel for Applicant. Ld. Counsel for Applicant made statement that captioned Petition is uncontested.

Affidavit in Support to the Chamber Order reveals that due to sudden death of family member of the Petitioner on 27.01.2018, Petitioner could not arrange and pay court fees by 12.2.2018, which was last date of compliance of conditional order.

Since captioned Petition is uncontested, contention of the Applicant needs to be accepted as sufficient ground. Hence, Chamber Order is granted as prayed and signed separately. No order as to costs.

Applicant and/or his Advocate to remove office objections on the Petition and get the same numbered and regd.

on or before 16-04-2018, failing Petition to stand rejected for non-removal of office objections under O.S. Rule 986.

Date : 26.03.2018 Prothonotary & Senior Master