Reeta Devi Mahaveer Yadav v. Chhabidas Manogi Yadav And 2 ORS.

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 14th January, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/414/2024 in TPL/8975/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Aniket Patil i/b. Daware Vidnyan Shyam, Advocate for the applicants.

P.C.:

The present Chamber Orders are taken out by the applicants for setting aside Orders dated 26.03.2024, 28.03.2024 and 15.06.2023, respectively, rejecting captioned Petitions under O.S.Rule 986 for non-compliance of office objections.

CHOL/413/2024 in TPL/29443/2022 CHOL/416/2024 in TPL/2591/2021 Perused Chamber Orders and Affidavits in Support of Chamber Orders. Heard ld.

Advocate appearing for the applicants/ petitioners, who submits that he has instructed and authorised Mr. Sagar Batavia, Advocate to remove office objections on the captioned Petitions and get these Petitions registered/numbered. Ld. Advocate further submits that Advocate Batavia removed most of the office objections on the Petitions. However, he did not communicate remaining office objections, which were supposed to be removed within stipulated time as granted by this Authority by aforesaid Conditional Orders. Ld. Advocate further submits that captioned Petitions, being Testamentary Petitions, and Petitioners, being slum dwellers, they should not be suffered due to inadvertence on the part of authorised Advocate and also submits that he is ready to compensate delay, caused in filing present Chamber Orders by way of cost, if any, as this Authority may deem fit.

I have considered submissions canvassed by the ld. Advocate and also gone through reasons mentioned in Affidavits in Support to the Chamber Orders. The captioned Petitions, being Testamentary Petitions, I am inclined to grant one opportunity to the applicants to pursue with the captioned Petitions diligently.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 14th January, 2025 contd....

CHOL/414/2024 in TPL/8975/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) However, it would be just and proper to impose cost on the applicants for the delay caused in filing respective Chamber Orders. Hence, I pass following order :

O R D E R

CHOL/413/2024 in TPL/29443/2022 Delay caused in filing Chamber Order is condoned subject to payment of cost of Rs.

1,000/-, each, to the Maharashtra State Legal Services Authority within two weeks from the date of uploading of order.

CHOL/416/2024 in TPL/2591/2021 Upon payment of cost, the petitioners to remove office objections on the Petitions and get the same numbered and/or registered within four weeks from the date of uploading of Order, failing petitions to stand rejected for non-compliance of office objections under O.S.Rule 986.

In view of above, all three Chamber Orders are allowed and signed separately.

The original Order be kept in Chamber Order No. 414/2024 and true copies of this Order be kept in Chamber Order Nos. 413/2024 and 416/2024.

Date : 14.01.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.01.14 19:41:48 +0530 RAJEEV VIJAY ACHARYA