Dominic Lawrence Fernandes v. Feliciana Rozario Fernandes (Deceased)

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 22nd October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/415/2024 in TPL/40843/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Chandravali Nair, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 28.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that some of office objections have been removed, however, some office objections could not be removed in time as Advocate on record was preoccupied. It is further contended that for the same reason, delay of 117 days caused in filing present Chamber Order. Ld. Advocate appearing for the applicant made a statement that captioned Petition is uncontested as on date and she will pursue with the captioned Petition diligently if it is restored to file. Statement is accepted.

Reasons mentioned in the Affidavit appear to be genuine and substantial justice cannot be denied on technical grounds. Further, the applicant has explained delay of 117 days, as aforesaid, satisfactorily. Hence, delay of 117 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed and signed separately.

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 the petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 22.10.2024 Prothonotary and Senior Master