Nirmala Narendranath Sharma v. Narendranath Sharma (Deceased)

21-nmt114-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.114 OF 2017 IN TESTAMENTARY PETITION NO.1474 OF 2012 Narendranath Sharma ...Deceased Nirmala N. Sharma

...Petitioner

Mr.Hemant S. Dandekar for the Petitioner.

CORAM : R.D. DHANUKA, J.

DATE : 24TH JULY, 2017.

P.C. :- 1.

By this notice of motion, the applicant / petitioner seeks condonation of delay of 840 days in filing the present notice of motion and seeks recall of the order dated 22nd December, 2014 passed by this Court insofar as Testamentary Petition No.1474 of 2012 is concerned.

2.

Mr.Dandekar, learned counsel appearing for the applicant states that all the office objections could not be removed due to unavoidable circumstances narrated in the affidavit in support of the notice of motion. He undertakes that if any objections remained to be removed, the same would be removed within two weeks from today. The statement made by the learned counsel and the undertaking 1/2

21-nmt114-17 rendered are accepted.

3.

For the reasons recorded in the affidavit in support of the notice of motion and the undertaking rendered by the applicant, the order dated 22nd December, 2014 passed by this Court is recalled insofar as the Testamentary Petition No.1474 of 2012 is concerned on the condition that the applicant removes all the office objections within two weeks from today. It is made clear that no further extension would be granted.

4.

If all the office objections are not removed within two weeks from today, the Testamentary Petition No.1474 of 2012 shall stand dismissed without further reference to the Court. 5.

The notice of motion is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2