Yogesh Jiwanlal Lakhani v. Late Kusumaben Jiwanlal Lakhani Deceased

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th June, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/196/2025 in TPL/15499/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rohit Tiwari i/b. Solicis Lex, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 27.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard Ld. Advocate for the applicant. Perused Affidavit in Support to the Chamber Order. It is contended that Advocate handling the matter, suddenly left the Firm due to which office objections could not be removed in time and delay of 198 days caused in filing present Chamber for want of sufficient information.

Ld. Advocate for the applicant submits that as on date, captioned Petition is uncontested and he will pursue with the same diligently if it is restored to file. Lastly, Ld. Advocate prayed for restoration of captioned Petition by condoning delay.

Reasons putforth in the Affidavit appear to be genuine and substantial justice cannot be denied on technical grounds. Moreover, captioned Petition, being uncontested Testamentary Petition, in my view, the applicant should get one opportunity to pursue with the Petition. Hence, in the interest of justice, delay of 198 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 : 16.06.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.06.17 12:20:46 +0530 RAJEEV VIJAY ACHARYA