Dolly Burjorji Mehta v. Jyoti Vinod Shirkh

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 02nd September, 2025 FOR FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kuber Wagle, Advocate for Applicant / Caveator

20. CHOL/376/2025 in P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 01.04.2025, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections.

CTS(L)/28247/2024 Affidavit of Service showing service of Chamber Order is already e-filed. Inspite of service, today, none appeared on behalf of other side.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support to the Chamber Order. It is contended therein that the Advocate could not attend the matter on 01.04.2025 when the matter was listed for rejection. Further, Advocate on record could not remove office objections on Caveat within time. Perused Additional Affidavit in support of Chamber Order. It is contended therein that Applicant is a senior citizen and delay has been occurred due to oversight of erstwhile Advocate and hence, Applicant should be given a chance to pursue the matter and hence, present Chamber Order be allowed by condoning delay in filing Chamber Order.

Considering reasons mentioned as above, in my opinion, one opportunity is required to be given to the Applicant to pursue with the captioned Caveat. In view thereof, 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 : 02.09.2025 Prothonotary & Senior Master