Bombay High CourtCHOL/343/2024disposed off

Aishabi Abdullahbhai Khan Through 5 Legal Heirs v. State Of Maharashtra And 2 ORS.

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th August, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/343/2024 in WPL/10487/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sneha Panchmukh i/b. Elixir Legal Services, Advocate for the applicants.

None present for the respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 26.02.2024, rejecting captioned petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicants submits that the respondents were served with the Chamber Order as per Affidavit of Service, which was filed on record. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that only office objection with regard to translation of documents could not be complied with within given time as original documents were in the custody of original petitioner, who died on 07.08.2023 and after his death, legal heirs of the original petitioner brought on record vide Order dated 02.02.2024. It is further contended that thereafter, legal heirs of original petitioner provided original documents and now, translation of documents is ready. Ld. Advocate for the applicants submits that he will comply minor office objections, if any, at the earliest if captioned petition is restored to file.

Grounds raised, on oath, by the applicant, appear to be genuine. None present for the respondents to resist contentions raised in the Affidavit. Relying on aforesaid grounds, I am of the view that the applicants have made out a case for restoration of captioned petition.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th August, 2024 ) ) ) ) ) ) ) ) ) Hence, the present Chamber Order is granted as prayed and signed separately.

contd....

CHOL/343/2024 in WPL/10487/2021 The petitioners 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 : 06.08.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.08.06 17:10:38 +0530 RAJEEV VIJAY ACHARYA