Allowed

Arun Narayan Patki v. Narayan Rajaram Patki (Deceased)

Bombay HC16 Aug 2017NMT/126/2017

Case brief

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What is this about?

Petitioner moved to set aside an order dismissing his testamentary petition for non-removal of office objections and to restore the petition, condoning a 961-day delay. The court granted the prayers and restored the petition.

What did the court decide?

The order dated 19th August 2014 is set aside; Petition [L] No. 71 of 2014 is restored; respondent to remove objections within two weeks.

Arun Narayan Patki Vs Narayan Rajaram Patki… — Succession and Inheritance | Bombay HC (2017)

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Shailaja

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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NOTICE OF MOTION NO. 126 OF 2017 IN

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PETITION [L] NO. 71 OF 2014

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Narayan Rajaram Patki ] Deceased

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Mr. Arun Narayan Patki ] Petitioner

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Ms. Sunita Khamkar, for petitioner/applicant.

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CORAM : R.G. KETKAR, J.

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DATE : 16^th AUGUST, 2017.

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P.C .

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Heard Ms. Khamkar, learned Counsel for the applicant/petitioner.

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By this Motion, petitioner has prayed for setting aside the order dated 19^th August, 2014 passed by Prothonotary and Senior Master, thereby, restoring Petition to its original position after condoning delay of 961 days in taking out present Motion.

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In support of this Motion, Ms. Khamkar submitted that petitioner had instituted Testamentary Petition [L] No. 71 of 2014 for Letters of Administration with will annexed to the property and credits belonging to Shri Narayan Rajaram Patki [since deceased]. The Petition was affirmed on 14^th August, 2013 and the same was filed through earlier Advocate Mr. Bhatt. On 19^th August, 2014,

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the Petition was dismissed under Rule-986 of Original Side Rules for non removal of office objections. She submitted that office objections were;

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[1] Non payment of Court Fees.

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[2] Not submitting original Will and petitioner's oath.

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Ms. Khamkar has taken me through the affidavit dated 3^rd May, 2017 made by the petitioner and in particular paragraphs 1 to 7 and submitted that for the reasons set out therein, delay may be condoned. She assures that after restoration of the Petition, she will remove office objections within two weeks from today.

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In view thereof and for the reasons set out in the affidavit in support, I am satisfied that petitioner has made out sufficient cause for condoning delay as also for setting aside order dated 19^th August, 2014. Notice is made absolute in terms of prayer clauses (a) and (b). Testamentary Petition [L] No. 71 of 2014 is restored to its original position. The petitioner shall remove office objection within two weeks from today.

Arun Narayan Patki v. Narayan Rajaram Patki (Deceased)

Case brief

What is this about?

What did the court decide?

Arun Narayan Patki v. Narayan Rajaram Patki (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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