Rajendra Shankar Chaubal vs Ganpati Govind Bhate (Deceased) — Bombay HC (2025) — LawSathi Research

Rajendra Shankar Chaubal vs Ganpati Govind Bhate (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 111 days in filing the Interim Application condoned; order dated 26th March, 2024 of the Prothonotary & Sr. Master recalled; Petition (Lodg. No. 1556 of 2022) restored; amendment of the prayer clause permitted forthwith with re-verification dispensed with; Petition to proceed for issuance of Grant in accordance with law on due compliances.

Issue for consideration

Whether the delay of 111 days in filing the Interim Application should be condoned. +1 more

Court's answer

The delay of 111 days in filing the Interim Application is condoned, the Application having been allowed in terms of prayer clause (a).

Ratio / Principle

The order dated 26th March, 2024 passed by the Prothonotary & Sr. Master is recalled and the Petition (Lodg. No. 1556 of 2022) is restored, the Application having been allowed in terms of prayer clause (b).

Key takeaways

The Petition is permitted to be amended for carrying out the prayer clause forthwith, and re-verification stands dispensed with.ratio¶21
The restored Petition will proceed for issuance of Grant in accordance with law upon due compliances.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (MILIND N. JADHAV, J.) — Interim Application No. 3826 of 2024 in Petition (L) No. 1556 of 2022 — Petition for Letters of Administration to the property and credits of deceased Ganpati Bhate, lodged in 2022, dismissed by virtue of the conditional order dated 26.03.2024 of the Prothonotary and Senior Master directing dismissal if office objections were not removed in time — Interim Application filed with a delay of 111 days — Court accepted counsel's submission that substantial compliance had been effected and allowed the Application in terms of prayer clauses (a) and (b): delay of 111 days condoned and order dated 26th March, 2024 recalled with restoration of the Petition — Petition permitted to be amended forthwith, re-verification dispensed with — noted that movable properties of the estate stand distributed and only immovable properties remain — Petition to proceed for issuance of Grant in accordance with law on due compliances.

46.IA.3826.2024.doc

Ajay

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

INTERIM APPLICATION NO. 3826 OF 2024

IN

PETITION (L) NO. 1556 OF 2022

Ganpati Bhate .. Deceased Versus Rajendra Shankar Chaubal Applicant / .. Petitioner

Mr. Devendra Pandey, Advocate for Applicant / Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 17, 2025.

P.C.:

1. Heard Mr. Pandey, learned Advocate for Applicant / Petitioner.

2. The Petition is dismissed by virtue of the conditional order dated 26.03.2024 passed by the Prothonotary and Senior Master of this Court directing dismissal of the Petition if the office objections are not removed within the time bound manner.

3. Present Petition was lodged in the year 2022.

4. Mr. Pandey would inform the Court that substantial compliance has already been effected. Save and except whatever other objection remain he undertakes to remove the said office objections within a period of two weeks from today. Reading the averments in the

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46.IA.3826.2024.doc

Application, I am inclined to accept the submissions made by learned

Advocate for Applicant and allow the Application in terms of prayer clauses (a) and (b) which read thus:-

"(a) that the delay in filing of the Interim Application of the 111 days be condoned.

(b) that this Hon'ble Court be pleased to recall its order dated 26th March, 2024 passed by His Hon'ble Prothonotary & Sr. Master, High Court, Bombay, and restore the said Petition (Lodg. No. 1556 of 2022 as filed by the Petitioner for Letters of Administration to the property and credits of the deceased abovenamed."

5. Petition is permitted to be amended for carrying out in the prayer clause forthwith. Re-verification stands dispensed with.

6. I am informed by learned Advocate that the movable

properties have already been distributed and only immovable properties have remained.

7. Interim Application is allowed and disposed.

8. Petition will be proceeded for issuance of Grant in accordance with law on due compliances.

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed by AJAY AJAYTRAMBAK TRAMBAKUGALMUGALE UGALMUGALE Date: 2025.09.18 17:35:06 +0530

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