Mohammed Sharif Noor Mohamed Shaikh v. Noor Jahan Noor Mohamed Shaikh

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 10th October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/431/2024 in TPL/1795/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. V. K. Rajbhar i/b. R. T. Kharwar, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 26.03.2024, 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 at the relevant time, Advocate on record could not attend the matter due to his helath issues relating to old age. So also, the applicant could not arrange court fees within stipulated time. It is further contended that thereafter, applicant had gone to his native place and he was not in contact with his Advocate. Therefore, delay of 66 days caused in filing present Chamber Order. Ld.

Advocate for the applicant made a statement that as on date, captioned Petition is uncontested. Statement is accepted.

Reasons stated on oath, appear to be genuine and substantial justice cannot be denied on technical grounds. Hence, I am of the view that the present Chamber Order needs to be considered favourably.

Moreover, the applicant has explained delay, as above, satisfactorily. In view thereof, delay of 66 days caused in filing present Chamber Order is condoned and 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 office objections under O.S.Rule 986.

Date : 10.10.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.10.10 19:40:35 +0530 RAJEEV VIJAY ACHARYA