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Bombay High CourtNMT/131/2019disposed off

Nasreen Rashid Shaikh And 2 ORS. v. Hasan Ali Abdul Majid Rizvi @ Hasanali Abdul Majid Rizvi (Deceased)

2020-09-24Hon'Ble Shri Justice B.P. Colabawalla2 pages

20-NMT131-19 in TP(L) 2070-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Anjali T.

Aswale TESTAMENTARY AND INTESTATE JURISDICTION by Anjali T.

Aswale Date:

2020.09.26 13:16:07 +0530 NOTICE OF MOTION NO.131 OF 2019 IN TESTAMENTARY PETITION (L) NO.2070 OF 2018 Dr. Hasan Ali Abdul Majid Rizvi ... Deceased Nasreen Rashid Shaikh & Ors.

... Petitioners ----- N.M. Almeida, for the Petitioners/Applicants. ----- CORAM: B.P. COLABAWALLA J.

(Through Video Conference) DATE : 24th SEPTEMBER, 2020 P.C.:

1.

The above Notice of Motion has been fled to set aside the order dated 20th August, 2018 passed by the Prothonotary & Senior Master dismissing the above Petition under Rule 986 for noncompliance of offce objections. 2.

For the reasons stated in the affdavit in support of the Notice of Motion, the same is allowed in terms of prayer clauses (a) and (b), which read thus :- (a) That this Hon'ble Court be pleased to set aside order dated 20/08/2018 dismissing the abovementioned Petition and restore the said Petition to fle. Mugdha

20-NMT131-19 in TP(L) 2070-18 (b) That this Hon'ble Court be pleased to condone the delay of 243 days in taking out this application.

3.

The offce objections, if any, shall be removed within a period of four weeks from today, failing which the present Notice of Motion shall stand dismissed without further reference to the Court. 4.

Personal Assistant of this Court. All concerned shall act on production (B. P. COLABAWALLA, J.) Mugdha