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Rekha Rajesh Satia Vs Rajesh Kantilal Satia — Succession and Inheritance | Bombay HC (2023)

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Bombay HC
2023
Rekha Rajesh Satia Vs Rajesh Kantilal SatiaRekha Rajesh Satia v. Rajesh Kantilal Satia

Allowed

Rekha Rajesh Satia v. Rajesh Kantilal Satia

Bombay HC18 Dec 2023IA/3647/2023

Case brief

AI extract

What is this about?

The Court restored a Testamentary Petition dismissed for failure to remove office objections. The application for restoration was allowed with condonation of delay attributed to the Covid-19 pandemic, directing the petitioner to clear remaining objections within eight weeks.

What did the court decide?

The order dated 24th January, 2020 is recalled; the Testamentary Petition is restored subject to removing remaining office objections within eight weeks.

What the court decided

AI extract

Outcome

The order dated 24th January, 2020 is recalled; the Testamentary Petition is restored subject to removing remaining office objections within eight weeks.

Issue for consideration

Whether the Testamentary Petition, dismissed for failure to remove office objections, should be restored due to exceptional circumstances. +1 more

Detailed headnote1 paragraphs

Application for restoration of a Testamentary Petition dismissed due to non-removal of office objections was allowed. The Court condoned the delay primarily because the majority of the time was consumed by the Covid-19 pandemic. The original order dismissing the petition was recalled, and the petitioner was given eight weeks to clear the remaining objections before the matter can proceed.

A compact analysis

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.

A

16.IA.3647.2023.doc

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

INTERIM APPLICATION NO. 3647 OF 2023 IN TESTAMENTARY PETITION NO. 1975 OF 2016

Rajesh Kantilal Satia ...Deceased

Rekha Rajesh Satia ...Applicant/Petitioner

SHRIKANT SHRINIVAS MALANI

Digitally signed bySHRIKANT SHRINIVAS MALANI Date: 2023.12.19 16:48:41 +0530

 Ms. Meena Sangoi, for Applicant/Petitioner. *** CORAM : MANISH PITALE, J. DATE : 18^th DECEMBER, 2023.

P. C. :

By this application, the applicant seeks restoration of the Testamentary Petition. It stood dismissed due to failure in removing office objections, as per the time limit granted in the order dated 24^th January, 2020.

It is submitted that thereafter the Covid-19 pandemic struck. It is further submitted that even Judge’s Order was prepared and most of the office objections were removed. But, by the time, the petitioner sought to get the Judge’s Order listed, it was realized that the petition itself was dismissed, due to non removal of office objections.

For the reasons stated in the application and in the interest of justice, the application is allowed and the order dated 24^th January, 2020, passed by this Court, is recalled.

Page1 of 2

Shrikant Malani

16.IA.3647.2023.doc

The petition is restored, subject to the petitioner removing remaining office objections, within eight weeks from today.

This Court is also inclined to condone the delay in moving the application, primarily because a major part of the time period was consumed by the Covid-19 pandemic.

In view of the above, the application is allowed and disposed of.

(MANISH PITALE, J.)

Page2 of 2

Shrikant Malani

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Testamentary Petition, dismissed for failure to remove office objections, should be restored due to exceptional circumstances.
2.
Whether the delay in moving the restoration application should be condoned in light of the Covid-19 pandemic.

Parties & counsel

AI extract

applicant
Rekha Rajesh Satia
other
Shrikant Shrinivas Malani

Coram

AI extract

Manish Pitale

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 18 Dec 2023 · December
Registered: 6 Nov 2023
Case no.: IA/3647/2023
CNR: HCBM020230362023
Topic: Succession and Inheritance
Bench: Manish Pitale
Disposal: DISPOSED OFF

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Cite this judgement

Rekha Rajesh Satia v. Rajesh Kantilal Satia, IA/3647/2023 (BOM), decided on 18 December 2023.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Manish Pitale

Parties & counsel