Bombay High CourtCHOL/265/2025disposed off

Gregory Sebastin Dsouza v. Flavia Joseph W O Joseph Mathew Nee Flavia Dsouza

2025-07-16Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/265/2025 in CTSL/37199/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kharwar Ashok Kumar, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 05.02.2025, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondent/petitioner has been served as per e-filed Affidavit of Service, however, none appeared for and on behalf of the petitioner. Heard Ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that on 05.02.2025, ld. Advocate was out of Mumbai and clerk of Advocate failed to inform about listing of the matter, therefore, Advocate could not remain present on that date. It is further contended that office objection with regard to court fees, is already complied with and another objection with regard to mentioning of O.S. Registration number, will be complied with. It is further contended that as Advocate was not aware about listing of the matter, delay of 33 days caused in filing present Chamber Order, which was not intentional. Accordingly, it is prayed that captioned Caveat may be restored to its original file.

Contentions raised in Affidavit, remain uncontested for want of appearance on the part of petitioner. So also, grounds raised appear to be bonafide and substantial justice cannot be denied on technical grounds. In my view, the applicant has made out a case for restoration of captioned Caveat. Hence, delay of 33 days caused in filing present Chamber

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th July, 2025 contd....

CHOL/265/2025 in CTSL/37199/2024 ) ) ) ) ) ) ) ) ) ) Order is condoned and the present Chamber Order is granted as prayed.

The caveator to remove office objections on the Caveat and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Caveat to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.18 13:30:45 +0530 RAJEEV VIJAY ACHARYA