Bombay High CourtCHOL/437/2024disposed off

Sudha Mishra Wd/O. Motiram Mishra v. Motiram Jagnarayan Mishra Alias Motiram Mishra S 0 Jagnarayan Mishra Deceased

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/437/2024 in TPL/26013/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prathmesh Seth, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 20.07.2023, 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 Ld. Advocate was in process of removing office objection with regard to conversion of captioned Petition, which was filed for Probate, into Petition for Letters of Administration with Will, however, meantime, captioned Petition came to be rejected under O.S.Rule 986. It is further contended that at the relevant time, the applicant was facing personal health issues, so also, other litigations were pending at Uttar Pradesh due to which, delay of 235 days caused in filing present Chamber Order. Ld. Advocate for the applicant submits that he will pursue with the caption petition diligently, and prays for restoration of the same by condoning delay.

Ld. Advocate further submits that as on date, captioned Petition is uncontested.

Reasons mentioned in Affidavit appear to be genuine. So also, the applicant has explained delay, as above, caused in filing present Chamber Order satisfactorily.

In view of above, the applicant has made out case for restoration of captioned Petition. Therefore, delay of 235 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 contd....

CHOL/437/2024 in TPL/26013/2021 ) ) ) ) ) ) The petitioner to remove office objections on the Petition and get the same registered and/or numbered within three 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 : 08.10.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.10.08 18:31:29 +0530 RAJEEV VIJAY ACHARYA