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Bombay High CourtIA/3145/2024disposed off

Rajendra Yuvaraj Jadhav v. Asha Yuvraj Jadhav And Yuvraj Nana Jadhav (Deceased)

2025-01-07Hon'Ble Justice Shri Arif S. Doctor2 pages

12-IA-3145-2024 IN TPL-22195-2022.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3145 OF 2024 IN TESTAMENTARY PETITION (L) NO. 22195 OF 2022 Rajendra Yuvaraj Jadhav ...Applicant

IN THE MATTER BETWEEN

Rajendra Yuvaraj Jadhav & Ors

...Petitioners

Asha Yuvraj Jadhav & Yuvraj Nana Jadhav ...Deceased Mr Yogesh Joshi, with Harshad Joshi, i/b YRJ Legal, for the Applicant/ Petitioners.

SHEPHALI SANJAY MORMARE

CORAM:

ARIF S. DOCTOR, J DATED:

7TH JANUARY 2025 by SHEPHALI SANJAY MORMARE Date: 2025.01.07 18:44:27 +0530 PC:- 1.

The present Interim Application seeks restoration of the captioned Testamentary Petition, which came to be dismissed vide an order dated 20th March 2024 for failure on the part of the Petitioners to remove office objections. Learned Counsel submits that the Petition came to be dismissed since the erstwhile Advocate of the Applicant went incommunicado from 13th April 2024. He has in support of his contention annexed WhatsApp chats.

12-IA-3145-2024 IN TPL-22195-2022.DOC 2.

Having heard the Learned Counsel and upon perusing the record, I find sufficient cause to allow the Application has been made out. Hence, the Interim Application is allowed in terms of prayer clause (a), which reads as follows:

"(a) Restore TESTAMENTARY PETITION NO (L). 22195 OF 2022 to the file."

3.

Learned Counsel appearing on behalf of the Petitioner undertakes to remove office objections within a period of four weeks from the date on which a copy of this order is uploaded. (ARIF S. DOCTOR, J)