Ganesh Ashok Kamble vs Smita Chandrakant Kamble — Bombay HC (2025) — LawSathi Research

Ganesh Ashok Kamble vs Smita Chandrakant Kamble — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Caveat (Lodging) No.1032 of 2024 restored to the record and file of the Court; order dated 01.04.2025 passed by the Prothonotary and Senior Master quashed and set aside; delay of more than 570 days condoned; Interim Application No.3620 of 2024 (seeking dismissal of the Caveat) disposed as dismissed as infructuous; Caveat to proceed in accordance with law by the Department.

Issue for consideration

Whether the delay of more than 570 days in filing the application seeking restoration of the Caveat ought to be condoned. +2 more

Court's answer

The delay of more than 570 days in filing the application is condoned in view of the facts and circumstances of the present case.

Ratio / Principle

Interim Application (Lodging) No.22041 of 2025, though not on board, is taken on board and allowed in terms of prayer clauses (a) and (b), i.e., the order dated 01.04.2025 passed by the Prothonotary & Senior Master is set aside, the delay is condoned and the Caveat filed by the Caveator is restored.

Key takeaways

Interim Application (Lodging) No.18756 of 2025 is allowed in terms of prayer clause (1), namely to restore the Caveat and set aside the order dated 01.04.2025.ratio¶34
Caveat (Lodging) No.1032 of 2024 stands restored to the record and file of the Court.ratio¶38
In view of the orders passed in Interim Applications (Lodging) Nos.22041 and 18756 of 2025, Interim Application No.3620 of 2024, filed for dismissal of the Caveat, has become infructuous and is disposed as dismissed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J., 28 November 2025 — In Testamentary Petition No.3773 of 2022 (with Will No.1532 of 2022) concerning the estate of the deceased Ashok Bhivaji Kamble alias A. B. Kamble alias Ashok B. Kamble (Original Petitioner: Ganesh Ashok Kamble; Caveator: Smita Chandrakant Kamble; the lis is between brother and sister), the Court condoned a delay of more than 570 days, took on board the mentioned Interim Application (Lodging) No.22041 of 2025 and allowed it in terms of prayer clauses (a) and (b), and allowed Interim Application (Lodging) No.18756 of 2025 in terms of prayer clause (1). Consequently, the order dated 01.04.2025 passed by the Prothonotary & Senior Master was quashed and set aside and Caveat (Lodging) No.1032 of 2024 was restored to the record and file of the Court. Interim Application No.3620 of 2024, which sought dismissal of the Caveat, was held to have become infructuous and was disposed as dismissed. The restored Caveat is to proceed in accordance with law before the Department.

59.IA.3620.2024+.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO.18756 OF 2025 IN

CAVEAT (L) NO.1032 OF 2024 IN

TESTAMENTARY PETITION NO.3773 OF 2022

WITH

INTERIM APPLICATION NO.3620 OF 2024

IN

CAVEAT (L) NO.1032 OF 2024 IN

TESTAMENTARY PETITION NO.3773 OF 2022

WITH

INTERIM APPLICATION (L) NO.22041 OF 2025

IN

CAVEAT (L) NO.1032 OF 2024 IN

TESTAMENTARY PETITION NO.3773 OF 2022

WITH WILL NO.1532 OF 2022

IN

TESTAMENTARY PETITION NO.3773 OF 2022

Ashok Bhivaji Kamble alias A. B. Kamble alias Ashok B. Kamble .. Deceased Ganesh Ashok Kamble .. Petitioner Versus Smita Chandrakant Kamble .. Caveator

Ms. Kavita Anchan, Advocate for Caveator.

Mr. Prabhu Velar a/w. Ms. Bhakti Patil, Advocates for Orig. Petitioner in Interim Application No.3620 of 2024 and Testamentary Petition No.3773 of 2022.

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 28, 2025

P.C.:

1. Heard Ms. Anchan, learned Advocate for Caveator and Mr.

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59.IA.3620.2024+.doc

Velar, learned Advocate for Orig. Petitioner in Interim Application No.3620 of 2024 and Testamentary Petition No.3773 of 2022.

2. Prima facie though it is seen that there is humongous delay of more than 570 days as pointed out by Mr. Velar, I am inclined to condone the same in view of the facts and circumstances of the present case.

3. For the reasons mentioned in the Application, Interim Application (Lodging) No.22041 of 2025 which is not on board and mentioned by learned Advocate, the same is taken on board and stands allowed in terms of prayer clauses (a) and (b) which reads thus:-

“a) This Hon’ble Court may be pleased to set aside the order dated 1/4/2025 passed by the Ld’Prothonotary & Senior Master and restore the Caveat filed by the Caveator.

b) This Hon’ble Court may be pleased to condone the delay in filing the present Interim Application.”

4. In view of order passed in Interim Application (Lodging) No.22041 of 2025, Interim Application (Lodging) No.18756 of 2025 stands allowed in terms of prayer clause (1) which reads thus:-

“(1) This hon’ble Court may be pleased to restore the Caveat and set aside the order dated 01.04.2025.”

5. Order dated 01.04.2025 passed by Prothonotary and Senior

Master stands quashed and set aside.

6. Caveat (Lodging) No.1032 of 2024 stands restored to record and file of the Court.

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59.IA.3620.2024+.doc

7. Interim Application No.3620 of 2024 is filed for dismissal of the Caveat (Lodging) No.1032 of 2024. In view of the orders passed in Interim Application (Lodging) No.22041 of 2025 and Interim Application (Lodging) No.18756 of 2025, Interim Application No.3620 of 2024 has become infructuous. Interim Application No.3620 of 2024 is disposed as dismissed.

8. The lis is between brother and sister before me.

9. Caveat shall be proceeded in accordance with law by the Department.

10. Interim Application (Lodging) No.22041 of 2025; Interim Application (Lodging) No.18756 of 2025 and Interim Application No.3620 of 2024 are disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.11.29 19:26:31 +0530

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