Kanta Nanji Chheda v. Dhiraj Devraj Vadhan

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2025.03.19 10:28:28 +0530 MULEY SHUBHAM PRAVINRAO 1 18-IA-3747-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3747 OF 2024 IN CAVEAT (L) NO. 27587 OF 2022 Popatlal Bhuralal Chheda ...Deceased Kanta Nanji Chheda ...Applicant In the matter between Dhiraj Devraj Vadhan

...Petitioner

And Kanta Nanji Chheda & Ors.

...Caveators ----------------- Adv. S. B. Rao i/by Gauri Rao for the Applicant. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 18TH MARCH, 2025 P.C.:- 1.

By way of the present Interim Application, the Applicant seeks the following reliefs:

"a) Delay of 130 days in filing the present application be condoned. b) That the Hon'ble Court be pleased to recall the conditional order dated 6th February, 2024 passed by the Prothonotary and senior master under order 986 of the original side rules and restore the captioned Caveat Application on such terms and conditions as this Hon'ble Court deems fit." Shubham 1/2

2 18-IA-3747-2024.doc 2.

Learned Counsel for the Applicant fairly points out that on the last occasion the Respondents had sought time to file an Affidavit-in-Reply. Today, none has appeared on behalf of the Respondents nor has any Affidavit-in-Reply been filed.

3.

Having due regard to the submissions made in the Interim Application as also to advance the cause of substantive justice, I find that the Interim Application deserves to be allowed and is accordingly allowed in terms of prayer clause (a) and (b) already reproduced above. 4.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Shubham 2/2