Satnam Singh Rathod And ANR. v. Balwant Singh S. Khalsa @ Balwant Singh Khalsa Rathod(Deceased)

40-NMT140-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 140 OF 2018 IN TESTAMENTARY PETITION NO. 593 OF 2012 Satnam Singh Rathod & Anr

...Petitioners

And Balwant Singh S Khalsa Alias Balwant Singh Khalsa Rathod ...Deceased None for the Petitioners/Applicants.

CORAM: G.S. PATEL, J DATED:

24th July 2018 PC:- 1.

The Notice of Motion is for restoration of the Testamentary Petition, which is of the year 2012. Objections were not removed and a conditional order was passed on 22nd December 2014. On non-compliance, this Testamentary Petition stood dismissed. There is a delay of 1160 days. That is also sought to be condoned. 2.

Now all this is in theory possible, but for the fact that nobody appears for the Petitioner today either.

3.

The Notice of Motion for restoration is itself dismissed. 24th July 2018

40-NMT140-18.DOC 4.

I expect that sooner or later there will be another Motion for restoration of this Notice of Motion seeking restoration of the Testamentary Petition. We will cross that bridge when we come to it.

(G. S. PATEL, J) 24th July 2018