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Bombay High CourtIA/2511/2024disposed off

Leena Robin Mehta v. Radhaben Dhananjay Thakkar Deceased

2024-08-29Hon'Ble Shri Justice N. J. Jamadar2 pages

18-IA-2511-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2511 OF 2024 IN TESTAMENTARY PETITION (L) NO. 1025 OF 2020 Leena Robin Mehta ...Applicant

Versus

Radhaben Dhananjay Thakkar ...Deceased *** Ms. Panthi Desai i/by M.P. Vashi Associates for Applicant. *** by ETHAPE DNYANESHWAR ASHOK Date:

2024.09.02 16:48:10 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

29th AUGUST 2024 PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This application is filed to set aside the order dated 7th February 2023 passed by the Prothonotary & Senior Master, dismissing the Testamentary Petition (L) No.1025 of 2020 for non removal of office objections within a stipulated time. 3.

The learned Counsel for the Applicant submitted that all the office objections have been complied with. However, since office objections could not be complied with within the stipulated time, the petition has been dismissed. 4.

In view of the aforesaid submission and to advance the cause of substantive justice, the order dated 7th February 2023 D.A.ETHAPE

18-IA-2511-2024 (OS).doc dismissing the Testamentary Petition (L) No.1025 of 2020 stands recalled subject to the applicant/petitioner complying with the office objections, if any, within a period of six weeks. 5.

In the event of non-compliance of the office objections within the said period of six weeks, this order shall stand recalled and Testamentary Petition (L) No.1025 of 2020 dismissed without further reference to the Court. 6.

Application stands disposed.

(N. J. JAMADAR, J.) D.A.ETHAPE