Iqbal Rafiquddin Shaikh v. Femida Rafiquddin Shaikh

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 22nd April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/162/2025 in TPL/978/2012 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Apurva Jaiswar i/b. K. C. Pandey and Zephyrina Braganza, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 24.06.2013 r/w. Order dated 21.12.2021, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, in which it is contended that at the relevant time, Advocate was tested positive for Covid-19 and staff of Advocate were quarantine at home. So also, matter could not be traced out due to ongoing Standard Operation Procedure whereby only 50% staff were working on alternate days, therefore, office objections could not be removed within given period. It is further contended that great prejudice will be caused to the applicant if captioned Petition is not restored to file and therefore, prayed for restoration of captioned Petition.

Reasons put-forth in Affidavit in Support, appear to be bonafide and substantial justice cannot be denied on technical grounds. The captioned Petition, being a non-contested Testamentary Petition, I am of the view that the applicant deserves one opportunity.

Hence, the present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 22.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.22 17:35:40 +0530 RAJEEV VIJAY ACHARYA