Shashikala Laddha v. Smt Vimla Shivratan Rathi Deceased

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th February, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/68/2025 in TPL/3285/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. E. P. Singh Khamare, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 15.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order, contents of which are self-explanatory. It is averred that due to ill-health of Advocate's clerk, he failed to comply office objections on the Petition, so also, to intimate Advocate on record to that effect. It is further averred that for the same reason, delay of 406 days was caused in filing present Chamber Order. Ld.

Advocate submits that as on date, captioned Petition is uncontested and prays for restoration of captioned petition.

Considering averments raised in the Affidavit, and the captioned Petition, being a Testamentary Petition, I am of the view that the applicant should not suffer for inadvertence mistake of Advocate's clerk and he should get an opportunity to pursue with the captioned Petition. Hence, in the interest of justice, delay of 406 days, as noted above, is condoned with no order as to costs and the 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 five weeks from the date of uploading of Order, failing Petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 10.02.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.02.10 18:16:26 +0530 RAJEEV VIJAY ACHARYA