Amit Ashok Kumar Jain v. Ashok Kumar Girilal Jain (Deceased)

17-ia-2577-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2577 OF 2024 IN TESTAMENTARY PETITION (L) N0.40202 OF 2022 VISHAL SUBHASH PAREKAR Amit Ashok Kumar Jain ...Applicant vs.

Ashok Kumar Girilal Jain ...Deceased VISHAL SUBHASH PAREKAR Date: 2024.09.10 17:37:32 +0530 Ms. Haleema Merchand i/b. Jani and Parikh, for the Applicant. CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 09, 2024 P.C.:

1.

Heard the learned counsel for the applicant.

2.

This is an application to restore the Testamentary Petition (L) No.40202 of 2022 which came to be dismissed for non-removal of office objections pursuant to an order dated 28th March, 2024. 3.

The learned counsel for the applicant submits that the applicant would be in a position to comply with the office objections within a period of three weeks from the date of restoration of the petition.

4.

For the reasons assigned in the application and to advance the cause of substantive justice, the order dated 28th March, 2024 disposing the petition for non-removal of office objections stands set aside.

5.

Testamentary Petition (L) No.40202 of 2022 stands restored Vishal Parekar ...1

17-ia-2577-2024.doc to the file subject to the petitioner complying the office objections/ requisitions within a period of three weeks from the date of uploading of this order.

6.

In the event of non-compliance of the office objections/ requisition within the stipulated period, this order shall stand recalled and the Testamentary Petition (L) No.40202 of 2022 stand dismissed without further reference to the Court. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2