Sagar Shivkumar Adtani v. Ramkumar Gordhandas Ailani

37-IA1784-2024.DOC SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.07.31 12:51:50 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1784 OF 2024 IN CAVEAT (L) NO. 19329 OF 2021 IN TESTAMENTARY PETITION N0. 2610 OF 2021 SAGAR SHIVKUMAR ADTANI ...Applicant - Caveator In the matter between RAMKUMAR GORDHANDAS AILANI

...Petitioner

Versus

SAGAR SHIVKUMAR ADTANI ...Caveator WITH INTERIM APPLICATION NO. 1678 OF 2023 IN CAVEAT (L) NO. 19329 OF 2021 WITH INTERIM APPLICATION NO. 1677 OF 2023 IN CAVEAT (L) NO. 19426 OF 2021 Mr. Jayraj Shinde, i/b Vijay Dhingreja, for the Applicant in IA/1678/2023.

Mr. S. A. Waradkar, for the Applicant in IA/1784/2024. Ms. Nutan Moily, for the Caveator.

CORAM:

N. J. JAMADAR, J.

DATED:

29th JULY, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

This application is preferred to set aside the order dated 20th February, 2024 passed by the Prothonotary and Senior 1/2

37-IA1784-2024.DOC Master, rejecting the Caveat for non-removal of the office objections.

3.

The learned Counsel for the petitioner fairly submits that if the Cavetrix removes the office objections within the time to be stipulated by the Court, the petitioner has no objection to set aside the said order.

4.

Having regard to the averments in the application and the fair stand taken on behalf of the petitioner and also to advance the cause of substantive justice, the order dated 20th February, 2024 rejecting the Caveat for non-removal of the office objections stands set aside and the Caveat stands restored to file, subject to the applicant - Caveatrix removing the office objections within a period of four weeks. 5.

In the event of non-removal of office objections within the said period of four weeks, this order shall stand recalled and the Caveat rejected without further reference to the Court.

6.

IA/1784/2024 stands disposed.

7.

IA/1677/2023 and IA/1674/2023 stand over to 9th September, 2024.

[N. J. JAMADAR, J.] 2/2