Errol Jerome Sequeira And ANR. v. Thelma Stanny (Stanley) Dsouza (Deceased)

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 FOR DIRECTION :

CHOL/449/2025 in TPL/32343/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. M. N. Shaikh, 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 in Support, contents of which are self-explanatory. It is contended that office objections with respect to payment of court fees could not be complied with due to personal financial difficulties and for the same reason, delay of 252 days caused in filing present Chamber Order, which was unintentional. It is further contended that grave prejudice would cause to the petitioner if captioned Petition is not restored to file. Ld. Advocate for the applicant made a statement that as on date, captioned Petition is uncontested. Statement is accepted.

Grounds mentioned in the Affidavit, appear to be bonafide and substantial justice cannot be denied on technical ground. Hence, I am of the view that the applicant should get one opportunity in the matter. Hence, in the interest of justice, delay of 252 days caused in filing present Chamber Order is condoned and 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 a week from the date of uploading of order, failing Petition to stand rejected for non-compliance of of office objections under O.S.Rule 986.

Date : 30.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.01 10:46:01 +0530 RAJEEV VIJAY ACHARYA