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Bombay High CourtCHOL/689/2025disposed off

Ashwini Anant Mestry v. Renukabai Krishna Mestry (Deceased)

2026-01-06Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 06th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/689/2025 in TPL/29586/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kushal Harnesha a/w. Yashika Jain, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 28.03.2024, 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 unfortunately, due to difficulty of Advocate on record, he could not reach to attend matter and his clerk was also not aware about the same. Therefore, office objections remained to be complied with. It is further contended that due to personal difficulty and old age, delay of 271 days caused in filing present Chamber Order, which may be condoned. Ld. Advocate for the applicant made a statement that as on date, captioned Petition is uncontested. Ld. Advocate for the applicant further made a statement that now he will pursue with captioned Petition diligently if it is restored to file and prays for restoration of the same by condoning delay. Statements are accepted.

Reasons mentioned in Affidavit appear to be genuine and substantial justice cannot be denied on technical ground. Hence, in the interest of justice, delay of 271 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The petitioner to remove office objections of Petition and get the same registered and/or numbered by filing/uploading compliance praecipe within two weeks from the date of order, failing Petition to stand rejected for noncompliance of office objections under O.S.Rule 986.

Date : 06.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.06 17:58:20 +0530 RAJEEV VIJAY ACHARYA