← Library
Bombay High CourtCHOL/609/2025disposed off

Vinay Rajeev Patki Alias Amol Rajeev Patki v. Lalita Arunkumar Jakhi Nee Rekha Vishnupant Deshpande Alias Rekha Vishnu Deshpande

2025-12-10Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th December, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/609/2025 in CTSL/19523/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Abhijeet Khade i/b. Dighe Satyajeet Prakash, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 12.08.2025, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections under O.S.Rule 986.

Ld. Advocate for the applicant made a statement that respondent was served with Chamber Order. Statement is accepted.

Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that due to inadvertence and miscommunication between Advocate on record and clerk, office objections could not be removed in given time. It is further contended that there is delay of 4 days in filing present Chamber Order. Ld. Advocate for the applicant submits that now he will pursue with captioned Caveat diligently and prays for restoration of the same by condoning delay.

Contentions raised in Affidavit remain uncontested for want of resistance on the part of respondent. In my view, the applicant should get one opportunity to pursue with the captioned Caveat. No prejudice would cause to the respondent since matter will be heard on its own merits when the respondent can contest the matter. Hence, I consider present Chamber Order favourably. However, in the interest of justice, it would be just and proper to impose certain cost upon the applicant so that the applicant would be more diligent in

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th December, 2025 contd....

CHOL/609/2025 in CTSL/19523/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) pursuing captioned Caveat. Hence, subject to payment of cost of Rs. 2,500/- to the respondent/petitioner, delay of 04 days caused in filing present Chamber Order is condonded and present Chamber Order is granted as prayed.

Upon payment of cost, Caveat be restored to file and the caveator to remove office objections of Caveat and get the same registered and/or numbered within two weeks from the date of payment of cost, failing Caveat to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 10.12.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.12.12 18:08:28 +0530 RAJEEV VIJAY ACHARYA