Prem Naraindas Sharma v. Padma Nathuram Sharma

60-NMT123-11.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 123 OF 2011 IN TESTAMENTARY PETITION NO. 82 OF 2005 Prem Naraindas Sharma

...Petitioner

And Padma Nathuram Sharma ...Deceased None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

This is the Petitioner's Motion. It seeks that an order of 17th August 2006 disposing the Petition be recalled and set aside. The Motion was filed on 3rd October 2011 and it seeks that a delay of 1832 days' in filing this Motion be condoned. It also seeks sixteen weeks' time to remove the office objections.

2.

None appears for the Petitioner.

3.

In my view, this Motion, and particularly prayer (b), which has the audacity to seek sixteen weeks to remove office objections after a delay of 1832 days, is sufficient reason to dismiss this Motion. 21st June 2016

60-NMT123-11.DOC I am unable to find the Affidavit in Support of this Notice of Motion any explanation for such an inordinate delay. Paragraph 8 of the Affidavit, one that is sworn by the Petitioner's Advocate, makes matters worse; and in paragraph 7, without any hint of regret and remorse, the Advocate blithely asks for sixteen weeks to remove office objections, saying that this is "in the interest of justice". Indeed it is not.

4.

The interest of justice demands instead that this Notice of Motion be dismissed. It is. There will be no order as to costs. (G. S. PATEL, J.) 21st June 2016