Mangesh Kesarinath Mhatre v. Kishor Kesarinath Mhatre (Caveator)

35-IA-185-2020 IN CSTL-214-2018.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 185 OF 2020 IN CHAMBER SUMMONS (L) NO. 214 OF 2018 Kishore Kesarinath Mhatre ...Applicant In the matter between Mangesh Kesarinath Mhatre

...Petitioner

Versus

Kishore Kesarinath Mhatre

...Respondent

Ms Yogita D Chitnis, for the Applicant/Caveator.

None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

9th March 2021 PC:- 1.

The Caveator was delayed by two months in filing the Caveat. Chamber Summons (L) No. 214 of 2018 for condoning the delay in Atul G.

Kulkarni filing Caveat was dismissed in default.

by Atul G.

Kulkarni Date: 2021.03.10 10:48:20 +0530 2.

Interim Application No. 1 of 2020 seeks to restore Chamber Summons (L) No. 214 of 2018 which seeks that the delay in filing the Caveat be condoned. The Caveat was delayed on account of the personal health issues of the Advocate for the Defendant and not on 9th March 2021

35-IA-185-2020 IN CSTL-214-2018.DOC account of any default on the part of the Defendant/Caveator himself.

3.

Accordingly, the Interim Application is made absolute. Chamber Summons (L) No. 214 of 2018 is restored to file. 4.

I would ordinarily have allowed the Chamber Summons immediately but Ms Neeta Paiekh, the Advocate for the Petitioner is not present in Court.

5.

List the Chamber Summons for condonation of delay on 12th March 2021.

6.

The Interim Application is disposed of in these terms. No costs.

7.

copy of this order.

(G. S. PATEL, J) 9th March 2021