Smita Rajiv Deokar Nee Smita Rajaram Dudwadkar v. Jaywant Jayantramrao Shivalkar

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14th October, 2025 FOR DIRECTION :

CHOL/461/2025 in SL/13872/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suraj Naik i/b. Akshay Subhash Dalvi, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 30.07.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service and submits that respondents were served with the Chamber Order. Ld. Advocate is directed to file Affidavit of Service in the department. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is categorically contended that office objections of Leave Petition were complied with, however, further office objections were raised, which could not be complied with within given time. Ld.

Advocate for the applicant submits that inadvertently, he had filed Leave Petition under Clause XIV of Letters Patent Rules instead of Clause XII, and now he has filed Leave Petition (L) No. 26733/2025 under Clause XII of Letters Patent Rules. Ld. Advocate further submits that now he will pursue with the captioned Suit, so also, Leave Petition diligently and requests for restoration of captioned Suit.

Grounds raised on oath, by the applicant remain uncontested for want of resistance on the part of respondents. Therefore, I do not hesitate to rely on the same for the purpose of restoration of captioned Suit. No prejudice would cause to the respondents if captioned

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14th October, 2025 contd....

CHOL/461/2025 in SL/13872/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Suit is restored to file since they can contest it on its own merits. Hence, in the interest of justice, the present Chamber Order is granted as prayed.

The plaintiff to remove office objections of Suit and get the same registered and/or numbered within four weeks from the date of decision / outcome of Leave Petition (L) No.

26733/2025, failing Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.

Needless to mention that the plaintiff is at liberty to carry out necessary amendment, if any.

Date : 14.10.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.14 18:00:04 +0530 RAJEEV VIJAY ACHARYA