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Bombay High CourtCHOL/495/2024disposed off

Haji Mohammad Vazeer Khan v. Haji Mohammad Zahir Khan

2025-02-27Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 27th February, 2025 FOR HEARING AND FINAL DISPOSAL :

34. CHOL/495/2024 IN ) ) None present for the Applicant TP(L)/26093/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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.

Perused e-filed Affidavit and Addl. Affidavit in Support of the Chamber Order. It is contended therein that when the matter was listed on 20.07.2023, Advocate could not remain present before this Authority. Further, office objections with regard to payment of court fees could not be complied within time and the Petition got rejected. It is further contended that due to continuous ill health of Applicant, Chamber Order could not be taken out within time and hence, there is delay of 226 days. Ld. Advocate, therefore, prays for restoration of the Petition by condoning delay caused in filing Chamber Order.

Reasons mentioned in Affidavit appear to be genuine. So also, the Applicant has explained delay, as above, caused in filing present Chamber Order satisfactorily. Therefore, delay of 226 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 : 27.02.2025 Prothonotary & Senior Master Digitally signed by M.N. Kadam Date:

2025.02.27 18:00:22 +0530 M.N.

Kadam