Ganpat Bala Gavankar v. Akshay Anant Ghanekar

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

CHOL/564/2025 in CTSL/11895/2025 in TP/957/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shivram Gawde i/b. Pawar Harish Ramesh, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 01.08.2025, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate made a statement that the respondent/petitioner was served with the Chamber Order and Affidavit of Service is efiled on 01.12.2025. Statement is accepted. Despite service, none appeared for the respondent/petitioner.

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

It is contended that Advocate's clerk was instructed to remove office objections, however, due to medical issue, he could not remove office objections within given time. It is further contended that the applicant is resident of Ratnagiri due to which he could not immediately rush to remove office objections. Ld. Advocate for the applicant submits that now he will pursue with the captioned Caveat diligently and prays for restoration of the same.

Contentions raised by the applicant, as above, remain uncontested for want of resistance on the part of respondent/petitioner. Therefore, I do not hesitate to rely on the same for the purpose of restoration of captioned Caveat. However, it would be just and proper to impose certain cost on the applicant so that he will be more vigilant in pursuing caption Caveat. Hence, the present Chamber Order is granted as prayed subject to payment of cost

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd December, 2025 of Rs. 2,500/-, to be paid to the petitioner within a week. Upon payment of cost, captioned Caveat be restored to the file.

contd....

CHOL/564/2025 in CTSL/11895/2025 in TP/957/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ld. Advocate for the applicant made a statement that he has already filed Interim Application for condonation of delay caused in filing present Caveat, however, inadvertently it came to be filed in Testamentary Petition. Statement is accepted.

Upon payment of cost, the applicant to remove office objections of Caveat, if any, and get the same registered and/or numbered within two weeks from the date of decision of Interim Application taken out for condonation of delay, failing Caveat to stand rejected for noncompliance of O.S.Rule 986. Date : 02.12.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.12.02 17:59:23 +0530 RAJEEV VIJAY ACHARYA