Sobhadevi Bakelal Gupta v. Pramila Rajesh Gupta (Deceased)

by JITENDRA SHANKAR NIJASURE Date: 2021.10.22 18:27:25 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.212 OF 2019 IN TESTAMENTARY PETITION NO.1989 OF 2016 Sobhadevi Bakelal Gupta ...Applicant Pramila Rajesh Gupta ...Deceased WITH NOTICE OF MOTION NO.213 OF 2019 IN TESTAMENTARY PETITION NO.1879 OF 2016 Sobhadevi Bakelal Gupta ...Applicant Rajesh Gupta ...Deceased ---------- Mr. Waquar Ahmed for the Applicant.

---------- CORAM :

R.I. CHAGLA J.

DATE :

20 October 2021 ORDER :

1.

Heard learned Advocate for the Applicant.

2.

By these Notices of Motion the Applicant is seeking condonation of delay of 419 days for fling present Notices of Motion. The Notices of Motion seek restoration of the Testamentary Petition which was dismissed by conditional 1/3

order dated 2nd May, 2016.

3.

The Applicant in the Affdavit in Support of the Notices of Motion had not given reasons as to the delay of almost 419 days to fle these Notices of Motion. Accordingly, this Court by an order dated 12th October, 2021 directed the Advocate for the Applicant to fle a further Affdavit in Support to the Notices of Motion explaining the delay of 419 days to fle Notices of Motion for restoration of the Testamentary Petition. 4.

The Applicant has fled similar further Affdavits in Support dated 13th and 14th October, 2021 in the Notices of Motion stating that the delay of 419 days in fling Notices of Motion was due to the Applicant not being in stable fnancial condition and thereby was unable to appoint the Advocate. It is stated that the Applicant is a senior citizen and a lay man. The delay was unintentional.

5.

Having considered the submissions of the learned Advocate for the Applicant and the averments made in the Affdavits in Support of the Notices of Motion as well as further 2/3

Affdavits of Support fled on 13th and 14th October, 2021, I am satisfed that the delay in fling the Notices of Motion has been explained by the Applicant and the Testamentary Petition is required to be restored which had been dismissed by the self operative common order dated 2nd May, 2018 for non-removal of offce objections. Hence the following order:- (i) The delay of 419 days in fling Notices of Motion is condoned.

(ii) The Testamentary Petitions are restored to fle. (iii) The Petitioner / Applicant shall remove the offce objections within a period of four weeks from the date of this order.

(iv) Both the Notices of Motion are disposed of in the above terms.

[R.I. CHAGLA J.] 3/3