Manuel Francis Govias v. Xavier Louis D'Souza (Deceased)

kvm 1/2 30-NMT131.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

T. & I. J.

NOTICE OF MOTION NO. 131 OF 2017 IN PETITION NO. 1306 OF 2013 Manuel Francis Govias ..... Petitioner Xavier Louis D'souza ..... Deceased Ms.Deepika Motagi, i/b. Res Juris for the Petitioner. CORAM : R.D. DHANUKA, J.

DATE : 17th JULY, 2017 P.C.

By this notice of motion, the applicant seeks condonation of delay of 688 days in filing present notice of motion and seeks recall of the order dated 5th July, 2015 insofar as Testamentary Petition No.1306 of 2013 is concerned. 2.

Learned counsel appearing for the applicant states that all office objections are already removed except the payment of the deficit court fees and reverification of the petition. She undertakes on behalf of the client that her client would pay the deficit court fees within two weeks from today and will also remove the office objections and re-verification within the same time. 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 learned counsel on behalf of the applicant, notice of motion is made absolute in terms of prayer clause (a). The order dated 5th May, 2015 is recalled insofar as Testamentary Petition No.1306 of 2013 is concerned on the condition that the applicant removes all office objections

kvm 2/2 30-NMT131.17 within two weeks from today. It is made clear that if the objections are not removed within two weeks from today, Testamentary Petition No.1306 of 2013 to stand dismissed without further reference to court. No order as to costs. (R.D.DHANUKA, J.)