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Bombay High CourtIA/745/2025disposed off

Vanita Narayan Shetty v. Pravin Narayan Shetty (Deceased)

2025-04-24Hon'Ble Justice Shri Arif S. Doctor2 pages

1 6-IA 745-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.745 OF 2025 IN TESTAMENTARY PETITION NO.1410 OF 2020 Vanita Narayan Shetty ... Applicant (Org. Petitioner) In the matter between Pravin Narayan Shetty ... Deceased Vanita Narayan Shetty ... Petitioner Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.04.25 10:57:40 +0530 ----- MUGDHA MANOJ PARANJAPE Mr. Kalpesh Taralkar for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH APRIL 2025 P.C. :

1.

The present Interim Application seeks restoration of the captioned Testamentary Petition, which came to be dismissed vide an order dated 10 th January 2023 for non-removal of office objection. 2.

Having due regard to the averments made in the Interim Application, in which the reasons are set out as also the fact that the substantial interest of justice would require the Petition to be restored and given the nature Mugdha

2 6-IA 745-25.doc of proceedings being an uncontested proceedings, in my view, the Interim Application deserves to be allowed. The Interim Application is therefore allowed in terms of prayer clauses (a) to (c), which read as follows: "a) This Hon'ble Court be pleased to set aside the order dated 10/01/2023 and restore the Testamentary Petition no. 1410 of 2020; b) This Hon'ble Court be pleased to condone the delay if any in filing this Application.

c) Petitioner be permitted to proceed with the Petition subject to comply with the office requisitions/ objections within such time as the Hon'ble Court may deem fit."

3.

The Applicant/Petitioner to comply with the office objections within a period of two weeks from today.

4.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Mugdha