Mukund Pandurang Joshi v. Shripad Sadashiv Joshi

kvm 1/2 25-NMT123.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

T. & I. J.

NOTICE OF MOTION NO. 123 OF 2016 IN PETITION NO. 219 OF 2010 Mukund Pandurang Joshi ..... Petitioner Shripad Sadashiv Joshi ..... Deceased Mr.Bharat Gadvi, i/b. Tejas Pande & Associates for the Applicant. CORAM : R.D. DHANUKA, J.

DATE : 17th JULY, 2017 P.C.

By this notice of motion, the applicant seeks condonation of delay of 1825 days in filing this notice of motion and seeks recall of the order dated 5th July, 2012 passed by this court insofar as Testamentary Petition No.219 of 2010 is concerned. 2.

Learned counsel appearing for the applicant invited my attention to the averments made in the affidavit in support of the notice of motion and also the affidavit of the concerned clerk dated 16th April, 2016 explaining the reasons for not removing the office objections within the time prescribed and of not having knowledge of the order passed by this court.

3.

Learned Counsel appearing for the applicant undertakes to remove all office objections within two weeks from today. Though the reasons recorded in the affidavit in support of the notice of motion are not fully satisfactory, in the interest of justice and on the condition that the applicant removes all office objections within two weeks from today, I pass the following order :-

kvm 2/2 25-NMT123.16 Notice of motion is made absolute in terms of prayer clauses (a) and (b) on the condition that the office objections are removed within two weeks from today. It is made clear that no further extension would be granted. If the office objections are not removed within two weeks from today, Testamentary Petition No.219 of 2010 to stand dismissed without further reference to court. No order as to costs.

(R.D.DHANUKA, J.)