Lia Fatima Carneiro v. Late Ms. Regina Eustace (Deceased)

1 30-IA-2910-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2910 OF 2024 IN TESTAMENTARY PETITION (L) NO. 739 OF 2020 Lia Fatima Carneiro ...Applicant/Petitioner Late Ms. Regina Eustace ...Deceased ----- Ms. Isha Sawant a/w Vanshika Jain i/b Balaji Iyer for the Applicant/Org. Petitioenr.

----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

P.C. :

1.

The present Interim Application seeks restoration of the captioned Testamentary Petition which came to be dismissed vide an order dated 7 th February 2023 passed by the Prothonotary and Senior Master for non-removal of office objections. Learned Counsel submits that the objections raised pertaining to non-payment of Court fees. However, she has invited my attention to the Court fees Challan dated 7 th December 2020 to show that the Applicant had paid the requisite Court fees and therefore the dismissal was erroneous and thus she seeks restoration.

Ajit

2 30-IA-2910-2024.doc 2.

Having heard learned Counsel and having perused the Interim Application, I find sufficient cause has been shown for restoration. She submits that this is the only objection raised and thus she wants the payment of Court fees back.

3.

Hence, Interim Application is therefore allowed in terms of prayer clause (a) which reads thus:

"a) For an order/direction to the registry to restore the captioned testamentary petition to file;"

(ARIF S. DOCTOR, J.) Ajit