Ranjana Kamlani v. Ajit Dayaram Kamlani

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 18th February, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/43/2025 in SL/13443/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Yogi Joshi I/b. Mandlik and Partners, Advocate for the applicant.

None present for the respondent.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 30.01.2024, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondent/defendant has been served with the Chamber Order as per Affidavit of Service, filed on 24.01.2025. Despite service, none appeared for and on behalf of the defendant.

Today Ld. Advocate for the applicant tenders Additional Affidavit in Support dated 13.02.2025, explaining that by virtue of Petition No. 5000/2024, petitioner no. 2 obtained Letters of Administration for the properties of deceased. The plaintiff while filing suit, paid court fees, therefore, it is necessary to restore the suit to claim court fees. Thus, after perusal of additional affidavit in my view chamber order can be allowed by condoning delay of 22 days caused in filing present Chamber Order.

Hence, in the interest of justice, delay, as mentioned above, is condoned and the present Chamber Order is granted, whereby the captioned Suit is restored to its original file. Office to take follow up action.

Date : 18.02.2025 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2025.02.18 16:43:34 +0530 RAJEEV VIJAY ACHARYA