John V Samule v. Saramma Abraham Deceased

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 5th March, 2025 FOR HEARING AND FINAL DISPOSAL :

37. CHOL/583/2024 Ms. Shaista Syed i/b. M.S. Roy, Advocate for Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN TPL/582/2020 P.C.: The present Chamber Order is e-filed by the applicant for setting aside Order dated 30.09.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support and Addl. Affidavit in support to the Chamber Order. It is contended that conditional Order dated 06.02.2023 was passed in the caption Testamentary Petition (L) No. 582 of 2020. However, as the office objections could not be removed within time, Petition got rejected. Hence, Chamber Order No. 374 of 2024 was filed and by order dated 30.09.2024, the said Chamber Order was allowed and two weeks time was granted to remove office objections. It is further contended in the said Affidavit that the objection regarding Petitioner's oath which was executed in USA was not as per format, however, in the meantime, time to remove office objections lapsed and the Petition got rejected. It is contended in Addl.

Affidavit that the Petitioner is a senior citizen and is not in a position to travel to India frequently. Hence, subsequent transit of documents from USA to Mumbai has caused delay of 18 days 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.

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.... Continued Prothonotary and Senior Master Date : 5th March, 2025 : 2 :

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 18 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 : 05.03.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date: 2025.03.05 17:06:45 +0530