Alimunnisa Khan Wd/O Mohd. Mobin Khan v. Mohd. Mobin Nazir Ali Khan @ Mohmammed Mobin @ Mohm. Mobeen Nazar Ali @ Mohamed Mobeen (Deceased)

Chittewan 1/2

37. NMT 233-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.233 OF 2017 IN TESTAMENTARY PETITION NO.851 OF 2011 Mohd. Mobin Nazir Ali Khan @ Mohammed Mobin @ Mohd.

Mobeen Nazir Ali @ Mohamed Mobeen ...

Deceased Alimunnisa Mohd. Mobin Khan ...

Applicant In the matter between :

Alimunnisa Mohd. Mobin Khan ...

Petitioner .....

Mr. Sachin Mhaske for the Applicant/Petitioner. .....

CORAM : S.C.GUPTE, J.

DATE : 14 NOVEMBER 2017 P.C. :

.

The present Notice of Motion seeks recall of a common order of rejection passed in a number of petitions including the present. The order is self operative and requires compliance of office objections by a particular time and provides for rejection of the petition in default, for non-compliance, without further reference to the Court. There is a delay in taking out the present application. The delay is, however, explained in the affidavit in support of the Notice of Motion. For the reasons stated, the delay is condoned and the Notice of Motion is allowed in terms of prayer clause-(b) by recalling and setting aside the order of rejection dated

Chittewan 2/2

37. NMT 233-17.doc 21 January 2013. The Petitioner shall now remove all office objections within a period of 12 weeks from today, failing which, the petition shall stand rejected without further reference to this Court. The Notice of Motion is disposed of accordingly.

(S.C. GUPTE, J.)