High Court notices restored a delayed miscellaneous petition on merits due to the petitioners' unrecorded status and occupation, granting one week to remove objections.
Notice of motion for restoration made absolute; Filing delay condoned; Petition restored to file for hearing with conditional timeline.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
912-NMT82-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 82 OF 2016
IN
MISCELLANEOUS PETITION (L) NO. 489 OF 2015 IN
TESTAMENTARY PETITION NO. 458 OF 2010
Champabai Vitthal Ughade & 4 Others…Petitioners
Versus
Changunabai Vitthal Ughade…Respondent
Mr. Anand Mishra, i/b Mr.A. M. Saraogi, for the Petitioners.
Mr. Sanjeev Sawant, for the Respondent.
CORAM:G.S. PATEL, J
DATED:8th July 2016
PC:-
1.There is undoubtedly a delay in filing the Notice of Motion
for restoration of the Miscellaneous Petition. Having heard both
sides, I am inclined to restore the Miscellaneous Petition for the
limited reason that the Petitioners in that Miscellaneous Petition
have not been heard at all; and also having regard to their
occupation and status in life.
Page 1 of 2
8th July 2016
912-NMT82-16.DOC
2.Mr. Sawant for the Respondent is correct in pointing out that
there are important facts that have not been disclosed. He will
undoubtedly be entitled to argue all these at the time of hearing of
the Miscellaneous Petition.
3.At the same time, I am not prepared to give the Petitioner in
the Miscellaneous Petition four weeks’ time to remove office
objections. I will give him a maximum of one week time and no
more. I am making it clear that if on restoration, those objections are
not removed by 18th July 2016, the Miscellaneous Petition will
stand dismissed without further reference to the Court and will not
be restored thereafter.
4.Mr. Sawant presses for costs. I must have regard to the status
of the parties. I do; and I decline the application.
5.The Notice of Motion is made absolute in the following
terms: delay condoned. The Miscellaneous Petition (L) No. 489 of
2015 is restored to file. As noted earlier, all objections to be removed
by 18th July 2016 and no later. In default, the Petition will stand
dismissed without further reference to the Court and will not be
restored thereafter.
(G. S. PATEL, J.)
Page 2 of 2
8th July 2016
Champabai Vitthal Ughade & 4 Others
Changunabai Vitthal Ughade
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court