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Bombay High CourtCHOL/75/2024disposed off

Asif Mohammad Shah Chansab Alias Asif Mohammad Shah v. Umme Salma Ismail Rajguru Alias Umme Salma Ismail Shah Rajguru Alias Ummesalma Ismail Shah Rajguru

2024-03-27Shri. S. B. Bhansali (Prothonotary Senior Master))1 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 27th March, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/75/2024 in TPL/7687/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jinkle Vira, Advocate for the applicant.

P.C. :

The present Chamber Order is taken out by the applicant for setting aside Order dated 22.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard Ld. Advcoate for the applicant. Perused Affidavit of the applicant. It is contended that office objections with regard to depositing original Will and payment of court fees could not be complied with in time since at the relevant time, office refused to accept laminated original Will. Ld. Advocate for the applicant submits that court fees is paid in the present matter and the applicant is ready to remove limination of Will as required and prays for restoration of captioned Petition.

Reasons mentioned in the affidavit, appear to be genuine and substantial justice cannot be denied on technical ground. Hence, 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 two weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 27.03.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.03.28 15:42:46 +0530 RAJEEV VIJAY ACHARYA