Bombay High CourtCHOL/481/2024disposed off

Abhay Ramavtar Vishwakarma v. Ramautar Tejuram Vishwakarma (Deceased)

2025-02-14Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 14th February, 2025 FOR HEARING AND FINAL DISPOSAL :

13. CHOL/481/2024 IN TP(L)/4118/2021 ) ) ) Ms. Kirti Sharma i/b. M/s. MKV Juris, Advocate for Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 15.06.2023 passed in TP(L)/4118/2021 read with Order dated 12.08.2024 passed in Chamber Order No. 334 of 2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Today, Ld. Advocate for the Applicant tenders Additional Affidavit in support of Chamber Order. Same is taken on file.

Heard Ld. Advocate for the Applicant. Perused Additional Affidavit in support of Chamber Order. It is contended therein that the Petition was rejected by Order dated 15.06.2023 for non-removal of office objections. Thereafter, Chamber Order No. 334 of 2024 came to be filed for restoration of Petition and vide Minutes of Order dated 12.08.2024, two weeks time was granted to remove office objections. However, due to ill health of the Advocate on record, office objections could not be removed in time and the Petition again got rejected. Ld. Advocate, therefore, prays that captioned Petition may be restored by allowing present Chamber Order. Reasons mentioned in Additional Affidavit appears to be genuine. I am inclined to consider the present Chamber Order favourably since it is desirable that substantial justice cannot be denied on technical grounds. The Applicant has made out a case for .... 2

Prothonotary and Senior Master Date : 14th February, 2025 .... Continued CHOL/481/2024 IN TP(L)/4118/2021 : 2 :

restoration of captioned Petition. Therefore, Chamber Order is allowed as prayed and signed separately.

) ) ) ) ) ) ) ) ) ) By way of last chance, the Petitioner to remove office objections on the Petition and get the same numbered and/or registered within four weeks from the date of uploading of the order, failing the Petition to stand rejected for non-removal of office objections under O.S.Rule 986.

Date : 14.02.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date:

2025.02.15 12:31:50 +0530