Bombay High CourtCHOL/72/2026disposed off

Kiritbhai Babubhai Patel Alias Kiritbhai Babubhai Dudhat v. Late Daya Nalinkumar Patel

2026-02-03Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 3rd February, 2026 CALLED FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Carl Patel, Advocate for Applicant

13. CHOL/72/2026 IN TP(L)/36507/2024 P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 09.12.2025, rejecting captioned Petition under O.S. Rule 986 for non-compliance of office objections.

Heard Ld. Advocate for the Applicant. Perused Affidavit in support of the Chamber Order. It is contended therein that vide Order dated 09.12.2025, two weeks time was granted by this Authority to remove office objections.

The Advocate on record was acting diligently to remove office objections, however, due to miscommunication between Advocate and the Advocate Clerk regarding calculation of time limit to remove office objections and requirement of removal of office objections such as pagination etc., office objections could not be removed within time and the matter got rejected.

Ld. Advocate for the Applicant made a statement that Misc. Petition (L) No. 1450 of 2026 has been filed for revocation of grant of the same deceased; which was issued vide Order dated 07.01.2026 passed in Testamentary Petition No. 5033 of 2024. The said Misc. Petition is pending before the Hon'ble Court. He further made a statement that he will pursue with the matter diligently, hence, present Chamber Order may be granted.

Statement is accepted.

Reasons mentioned in the Affidavit in Support appears to be bonafide, and substantial justice .... 2

..... continued Prothonotary and Senior Master Date : 3rd February, 2026 : 2 :

cannot be denied on technical grounds. Hence, the present Chamber Order is granted as prayed. ) ) ) ) ) ) ) ) ) The Applicant to remove office objections on the Petition and get the same registered and/or numbered within three weeks from the date of uploading of order, failing Appeal to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 03.02.2026 Prothonotary & Senior Master Digitally signed by Kadam M.N.

Date:

2026.02.04 15:23:33 +0545 Kadam M.N.