Farokh Rusi Buhariwalla and Anr. v. Sheroo Rusi Buhariwalla
Case brief
What is this about?
A common conditional order in the Bombay High Court clarifies office objection removal and court fee payment deadlines for testamentary and intestate matters, dismissing orders with caveats upon failure.
What the court decided
TP-10-14-RULE-435-COMMON.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
COMMON CONDITIONAL ORDER FROM
SERIAL NOS. 1 TO 440, EXCEPT
SERIAL NOS. 22, 76, 173, 181, 268 &
942 ON THE SUPPLEMENTARY BOARD
CORAM:G.S. PATEL, J
DATED:2nd May 2016
PC:-
1.In all these matters, office objections, if any, are to be
removed on or before 24th June 2016, with no possibility of any
extension. This includes payment of Court fees, if any. In default,
the Petitions will stand dismissed without further reference to the
Court.
2.It is clarified that the Department is not to dismiss any matter
for non-removal of office objections where any Caveat has already
been filed. The Department is, therefore, required to check on a
case by case basis whether any Caveat is filed or not. This will also
apply in cases where Caveat has been filed but has been dismissed,
and there is a Notice of Motion or Chamber Summons filed for
restoration of the Caveat or a condonation of delay.
Page 1 of 2
2 May 2016
TP-10-14-RULE-435-COMMON.DOC
Coram
G. S. PATTEL
Case details
As recorded by the court registry
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