Bombay High CourtCHOL/62/2025disposed off

Jagdish Ganpat Alias Ganapat Gurav v. Ganpat Alias Ganapat Balkrishna Gurav And Shantabai Ganpat Alias Ganapat Gurav

2025-04-28Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 28th April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/62/2025 in TPL/24691/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Mayuri Talekar i/b. Yadav Shivaji Pralhad, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 28.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support and Additional Affidavit in Support, explaining delay, contents of which are self-explanatory. It is contended that office objections were not uploaded on official website, therefore, same could not be complied with. Further, it is contended in Additional Affidavit that the applicant is retired person and suffering from old age ailments for which he was at his native place for several months due to which delay of 217 days caused in filing present Chamber Order, which was not intentional. It is therefore, prayed that captioned petition may be restored to file by condoning delay.

Considering reasons put-forth in Affidavit and Additional Affidavit by the applicant, and captioned Petition being a non-contested Testamentary Petition, I am of the view that one opportunity is required to be given to the applicant to pursue with the captioned Petition Hence, in the interest of justice, delay of 217 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

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 : 28.04.2025 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2025.04.28 17:58:58 +0530 RAJEEV VIJAY ACHARYA