Ashok Sankappa Shetty And ANR. v. Sankappa Ramanna Shetty (Deceased)

ppn 1 nmt-119.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION (L) NO.119 OF 2017 in TESTAMENTARY PETITION NO.49 OF 2015 Mr.Ashok Sankappa Shetty & Ors.

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Applicants/Plaintiffs --- Ms.Renuka Kavediya a/w Mr.Sohail Ahmed for the applicants/plaintiffs. --- CORAM : R.D. DHANUKA, J.

DATE : 31st July 2017 P.C. :

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By this notice of motion, the applicant seeks condonation of delay of 30 days in filing notice of motion and seeks recall of the order dated 9th January 2017 passed by this Court dismissing various testamentary petitions in so far as the Testamentary Petition No.49 of 2015 is concerned.

2.

Learned counsel appearing for the applicant states that the office objections could not be removed within the time granted by this Court due to unavoidable circumstances and undertakes to remove all office objections within four weeks from today. Undertaking is accepted. 3.

For the reasons recorded in the affidavit in support of the notice of motion and in view of the undertaking rendered by the applicant, delay in filing the notice of motion is condoned. The order dated 9th January 2017 passed by this Court is recalled in so far as the Testamentary Petition No.49 of 2015 is concerned.

ppn 2 nmt-119.17.doc 4.

Testamentary Petition No.49 of 2015 is restored to file on the condition that the applicant removes the office objections within four weeks from today. It is made clear that if the office objections are not removed, Testamentary Petition No.49 of 2015 to stand dismissed without further reference to the Court. It is made clear that no further extension would be granted.

5.

Notice of motion is made absolute in the aforesaid terms. No order as to costs.

R.D. DHANUKA, J.