Bapsy Rohintan Daviervala And ANR v. Piroja Maneckshah Daviervala (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.04.25 10:10:59 +0530 MUGDHA M PARANJAPE 1 22-IA 1682-23 in TP 2154-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1682 OF 2023 IN PETITION NO.2154 OF 2018 Piroja Maneckshah Daviervala ... Deceased Bapsy Rohintan Daviervala & Anr.

... Applicants/Ori. Petitioners In the matter of Bapsy Rohintan Daviervala & Anr.

... Petitioners ----- Ms. I. M. Koparkar with Ms. Ankita Naik for the Applicants. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH APRIL 2023 P.C. :

1.

By the present Interim Application, the Applicants seek restoration of Testamentary Petition No.2154 of 2018, which is filed for issuance of Probate of the last Will and Testament of one Piroja Maneckshah Daviervala. 2.

Learned Counsel for the Applicants points out that by the order/notice dated 05/04/2022, the Testamentary Petition came to be dismissed under Rule 435 of the Bombay High Court (Original Side) Rules, 1980 for non compliance. She further points out that all office objections were complied with. However, issuance of citation, which in fact had been issued, is pending Mugdha

2 22-IA 1682-23 in TP 2154-18.doc for affixing the stamp of the Prothonotary and Senior Master. But in view of the lapse of eight weeks period and since the Testamentary Petition was dismissed, the order could not be complied with.

3.

I have heard learned Counsel for the Applicants and perused the Interim Application. I find that the same is in order and deserves to be allowed in the interest of justice. Therefore, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read as under :- "a) That this Hon'ble Court may condone the delay of 12 days in filing the above said Interim Application.

b) That this Hon'ble Court may restore the Testamentary Petition No.2154/2018 to the file by setting aside the conditional order as per notice dated 25/04/2022 issued by the Prothonotary and Senior Master."

4.

The Interim Application is thus disposed of in terms of the above order.

(ARIF S. DOCTOR, J.) Mugdha