Vishram Velji Patel v. Dayalal Harji Patel (Deceased)

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th September, 2025 FOR DIRECTION :

CHOL/433/2025 in TPL/12559/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nikhil Rajani i/b. V. Deshpande and Company, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out 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, contents of which are self-explanatory. It is contended that at the relevant time, the applicant was at his native place in Kutch and undergone knee surgery with advise to take rest. Therefore, office objections could not be removed within given time. It is further contended that for the said reasons, delay of 224 days caused in filing present Chamber Order. Ld. Advocate for the applicant submits that captioned Petition is uncontested as on date, and now he will pursue with captioned petition diligently if it is restored to file and therefore, prays for restoration of the same by condoning delay of 224 days.

Considering grounds mentioned on oath and submissions of ld. Advocate, I am of the view that one opportunity should be given to the applicant. Hence, in the interest of justice, delay of 224 of days caused in filing present Chamber Order is condoned with no order as to costs, and the present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections of 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 : 16.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.09.16 17:02:36 +0530 RAJEEV VIJAY ACHARYA