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Bombay High CourtCHOL/300/2025disposed off

Mani Rangswami Devendran v. Rangaswami Mary Devendran

2025-07-09Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 9th July, 2025 FOR HEARING AND FINAL DISPOSAL :

43. CHOL/300/2025 IN ) ) Mr. Rajkumar Kharwar, Advocate for Applicant TP(L)/25003/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 20.07.2023, rejecting captioned Petition under O.S. Rule 986 for non-compliance of office objections. Heard Ld. Advocate for the Applicant. Perused Affidavit of the Applicant. It is contended therein due to personal difficulty and health issues of his Advocate, and as he could not arrange money for the court fees within time, the Testamentary Petition got rejected for non-compliance of office objections. He, thereafter, took out Chamber Order No. 377 of 2024 for restoration of the Petition. However, as he had gone to native place with his mother (Petitioner No. 1) who had fallen sick during that period, Applicant again could not arrange money for court fees. The Applicant, ahas prayed to grant present Chamber Order.

It is averred in Affidavit in support of Chamber Order that the Applicant is a senior citizen and he has explained delay of 79 days caused in filing Chamber Order.

Ld. Advocate for the Applicant submits that he will pursue the captioned Petition diligently and therefore, prays that delay caused in filing present Chamber Order may be condoned and Chamber Order may be allowed.

Hence, considering grounds mentioned in the .... 2

Prothonotary and Senior Master Date : 9th July, 2025 .... Continued : 2 :

Affidavit and submissions made by Ld. Advocate, I am of the view that the Applicant has made out a case for restoration of captioned Petition. In view thereof, present Chamber Order is granted as prayed.

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

Date : 09.07.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.07.10 13:32:00 +0530 M N Kadam