Kishor Mafatlal Parekh v. Mafatlal Alias Mafabhai Nathubhai Parekh Alias Nayee Nhavi,

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 31st July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/343/2025 in TPL/4691/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ashish Dubey, Advocate for the applicant. P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 15.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that captioned Petition was filed for Letters of Administration with Will annexed, however, it was required to be filed for Probate since it was found that the testator had not directly appointed the executors but given to duty in said Will as well as treated as tenor of executors the said Will. It is further contended that after discussion of Will, now the petitioners are ready to proceed in the matter. It is further contended that discussion between petitioners took considerable time, due to which delay of 592 days caused in filing present Chamber Order, which was unintentional. It is further contended that captioned Petition is uncontested. Therefore, it is prayed that captioned Petition may be restored to file by condoning aforesaid delay otherwise, grave prejudice will be caused to the applicant.

Considering reasons as stated above on oath;

and captioned Petition, being uncontested Testamentary Petition, I of the view that the applicant should get one opportunity to pursue with the captioned Petition. Hence, in the interest of justice delay of 592 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 31st July, 2025 contd....

CHOL/343/2025 in TPL/4691/2021 ) ) ) ) ) ) ) By way of last chance, the petitioner to remove office objections on the Petition and get the same registered and/or numbered within six weeks from the date of uploading of order, failing Petition to stand rejected for noncompliance of office objections under O.S.Rule 986.

Date : 31.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.31 17:23:08 +0530 RAJEEV VIJAY ACHARYA