Mani Rangswami Devendran v. Rangaswami Mary Devendran,

24.CHOL.50.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER ORDER NO. 50 OF 2026 IN TESTAMENTARY PETITION NO. 25003 OF 2021 Mani Rangswami Devendran Applicant / Orig.

Petitioner No.2

IN THE MATTER BETWEEN

Rangaswami Mary Devendran .. Deceased ..

Pavai Rangaswami Devendran and Anr.

. Petitioners ....................

 Mr. Dinesh A. Wani, Advocate i/by Rajkumar T. Kharwar for Petitioners.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 13, 2026.

P.C.:

1.

Heard Mr. Wani, learned Advocate for Petitioners. 2.

In the present Chamber Order, there is a humongous delay of 773 days for which condonation is sought for filing the Application for setting aside of the order dated 20.07.2023 passed by the Prothonotary and Senior Master of this Court. The said order was passed dismissing the Petition for non-compliance of office objections under O.S. Rule 986 primarily for non-payment of Court fee. 3.

I have perused the Chamber Order.

4.

The reasons which are given in paragraph Nos.2 and 3 are seen by the Court. They express the harsh reality of litigation and life.

24.CHOL.50.2026.doc Today, after hearing the submissions of Mr. Wani, I am inclined to believe the said reasons and in the interest of justice allow the Chamber Order considering the fact that principal Petitioner No.1 is a senior citizen, wife of the deceased and not keeping good health. The delay of 773 days stands condoned in the exceptional facts and circumstances of the present case.

5.

Mr. Wani, learned Advocate informs the Court Petitioners have now accumulated the Court fee amount and shall pay the same. 6.

In that view of the matter, the order dated 20.07.2023 stands quashed and set aside. Testamentary Petition (L) No.25003 of 2021 stands restored back to the record and file of the Court. 7.

The time for compliance of the office objections stands extended for a period of four weeks from today. Once the office objections ar complied with, Department is directed by this Court to forthwith determine the present Petition in accordance with law. 8.

Chamber Order No.50 of 2026 stands allowed and disposed in the above terms.

9.

Department is directed to assist the Petitioners. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.02.13 17:54:13 +0530 AJAY TRAMBAK UGALMUGALE