Smita Chandrasekhar v. Mohan Devidas Hattangadi

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

CHOL/520/2025 in TPL/2650.2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Abheek Melwani i/b. Ranjit Shinde, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 14.02.2025 r/w. 15.03.2025, rejecting captioned Petition under O.S.Rule 986 for noncompliance of office objections. Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is categorically contended that at the relevant period, certain documents including original copy of Will remained to be obtained from the applicant. It is further contended that the applicant is now in a position to comply office objections with respect to affidavits of attesting witnesses as per rules. It is further contended that delay of 38 days caused in filing present Chamber Order was not intentional and prayed that captioned Petition may be restored to file by condoning delay.

Grounds raised on affidavit, appear to be bonafide and substantial justice cannot be denied on technical grounds. 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, the present Chamber Order is granted as prayed.

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

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

2025.10.14 18:00:32 +0530 RAJEEV VIJAY ACHARYA