Manisha Narbada Purohit v. Shobha Maruti Wable

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 08th April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/466/2024 in TPL/6975/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Gunjan Rajak i/b. Mishra Rajendra Prasad, 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 / Additional Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant is residing out of Mumbai and he failed to give instructions to his Advocate. So also, he was not well due to some health problem at the relevant time because of which office objections could not be complied with within given time. It is further contended that due to health problem viz. high fever and body pain, delay of 36 days caused in filing present Chamber Order.

Considering grounds mentioned on oath and captioned Petition, being a Testamentary Petition, I am of the view that the applicant should get one opportunity to pursue with the captioned Petition. Hence, in the interest of justice, delay of 36 days caused in filing present Chamber Order is condoned and 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 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 : 08.04.2025 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2025.04.08 18:38:26 +0530 RAJEEV VIJAY ACHARYA