Bombay High CourtCHOL/430/2025disposed off

Manish Ganpat Matkar v. Mukesh Ganpat Matkar

2025-09-16Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th September, 2025 FOR DIRECTION :

CHOL/430/2025 in TPL/3718/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shailesh Pathak, 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-compliance of office objections.

Heard Ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant was under medical treatment and on bed rest, therefore, he could not comply office objections. Ld. Advocate for the applicant submits that for aforesaid reason, delay of 617 days caused in filing present Chamber Order.

Ld. Advocate further submits that captioned Petition is uncontested as on date, and now he will pursue with it diligently if it is restored to file.

Ground raised in the Affidavit, appears to be bonafide, and substantial justice cannot be denied on technical grounds. So also, captioned Petition being a uncontested Testamentary matter, I am of the view that one opportunity should be given to the applicant to pursue with the captioned Petition. Hence, in the interest of justice, delay of 617 days caused in filing present Chamber Order is condoned with no order as to costs and the present Chamber Order is granted as prayed.

Upon restoration of captioned Petition, office to place matter before the concerned Registrar. The petitioner to remove office objections of Petition and get the same registered and/or numbered before the concerned Registrar within two weeks from the date of uploading

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

CHOL/430/2025 in TPL/3718/2021 ) ) ) ) ) of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.09.16 17:02:19 +0530 RAJEEV VIJAY ACHARYA