Khemraj Omprakash Rajput v. Kusum Ruhela Alias Kusum Sohanpal Ruhela (Deceased)

14-IA-3597-2024 IN TPL-24933-2022.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3597 OF 2024 IN TESTAMENTARY PETITION (L) NO. 24933 OF 2022 Khemraj Omprakash Rajput ...Applicant

IN THE MATTER BETWEEN

Khemraj Omprakash Rajput

...Petitioner

Kusum Ruhela Alias Kusum Sohanpal Ruhela ...Deceased Mr Vishal Chavan (appeared online) i/b Avinash Tadlapurkar, for the Applicant/Petitioner.

SHEPHALI SANJAY MORMARE

CORAM:

ARIF S. DOCTOR, J DATED:

7TH JANUARY 2025 by SHEPHALI SANJAY MORMARE Date: 2025.01.07 18:44:28 +0530 PC:- 1.

The present Interim Application is filed for restoration of the Testamentary Petition, which came to be dismissed on 28th March 2024, which requires to remove office objections within two weeks from the date of the said order.

2.

Learned Counsel appearing on behalf of he Applicant/Petitioner submits that the only objection which the Applicant was unable to comply was submission of the original Will of the deceased. He submits

14-IA-3597-2024 IN TPL-24933-2022.DOC that the Will is now available and thus submits that the Petition be restored and two weeks be granted to comply with the office objections. 3.

Having heard the Learned Counsel and after perusing the record, I deem it fit to allow the present Interim Application, in terms of prayer clauses (a) and (b), which read as follows:

"(a) That the delay of 200 days in taking present Interim Application to be condoned.

(b) that the Order dated 28.03.2024 rejecting the aforesaid Petition be set aside and be restored to the file of this Hon'ble Court and be proceeded according to law." 4.

Time to remove office objection is extended upto and including 4th February 2025.

(ARIF S. DOCTOR, J)