Mihir Vikram Mehta v. Vrajbala Vikram Mehta

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 28th February, 2025 FOR HEARING AND FINAL DISPOSAL :

40. CHOL/590/2024 IN ) ) Mr. Sagar Sabale i/b. Mr. Pramod Tripathy, Advocate for Applicant TP(L)/12848/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 15.04.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Perused e-filed Affidavit in Support of the Chamber Order. It is contended therein that the matter was listed before this authority on 27.03.2024, when conditional order was passed. Further, on 15.04.2024, Applicant moved praecipe for extension of time.

Perused Exhibit 'C' attached to the Affidavit. It appears that said praecipe dated 15.04.2024 was rejected by this Authority due to non compliance of office objections.

Perused e-filed Additional Affidavit in Support of the Chamber Order. It is contended therein that the Applicant, was not keeping well due to which delay of 32 days is caused in filing present Chamber Order.

Ld. Advocate for the Applicant submits that he will pursue the matter thoroughly if the present Chamber Order may be allowed by condoning delay caused in filing Chamber Order.

Reasons mentioned in the Affidavit are not corroborating to the record. However, captioned Petition, being a Testamentary Petition which is noncontested as on date and as per submission made by Ld. Advocate for the Applicant, I am of the opinion that substantial justice cannot be denied on technical grounds. So also, the Applicant has explained delay, as above, caused in filing present Chamber Order. .... 2

.... Continued Prothonotary and Senior Master Date : 28th February, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) Therefore, delay of 32 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 : 28.02.2025 Prothonotary & Senior Master