Reeta Devi w/o Mahaveer Yadav vs Chhabidas Manogi Yadav — Bombay HC (2026) — LawSathi Research

Reeta Devi w/o Mahaveer Yadav vs Chhabidas Manogi Yadav — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 227 days in filing the Chamber Order condoned; Chamber Order granted as prayed (setting aside of the 14.01.2025 rejection order permitted to proceed); petitioner granted two weeks to file a compliance praecipe to have the Petition registered/numbered, failing which it will stand rejected under O.S.Rule 986.

Issue for consideration

Whether the delay of 227 days in filing the present Chamber Order should be condoned. +1 more

Court's answer

In the interest of justice, considering the grounds and that the captioned Petition is uncontested, the delay of 227 days caused in filing the present Chamber Order is condoned and the present Chamber Order is granted as prayed.

Ratio / Principle

The petitioner is directed to remove the office objection of the Petition and get it registered and/or numbered by filing/uploading a compliance praecipe within two weeks from the date of uploading of the order, failing which the Petition shall stand rejected for non-compliance of office objections under O.S.Rule 986.

Detailed headnote1 paragraphs

Chamber Order CHOL/160/2026 in Petition TPL/29443/2022, decided by Anil H. Laddhad, Prothonotary & Senior Master, on 30.03.2026. The applicant's Chamber Order sought setting aside of the Order dated 14.01.2025, by which the captioned Petition had been rejected under O.S.Rule 986 for non-compliance of office objections. The Court heard the applicant's advocate, noted that the delay of 227 days in filing the Chamber Order was due to ignorance and the advocate-on-record's inability to pay cost of Rs. 1000/- owing to his judicial exams, and that the captioned Petition was uncontested. Holding that the applicant should get one opportunity to pursue the matter, the Court condoned the delay of 227 days in the interest of justice and granted the Chamber Order as prayed. The petitioner was directed to remove the office objection and obtain registration/numbering of the Petition by filing/uploading a compliance praecipe within two weeks of upload of the order, failing which the Petition would stand rejected for non-compliance of office objections under O.S.Rule 986.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30^th March, 2026

FOR HEARING AND FINAL DISPOSAL :

3 CHOL/160/2026 ) in ) TPL/29443/2022 )

)

Mr. Vidnyan Syam Daware, Advocate for the applicant.

) P.C.: The present Chamber Order is e-filed by the ) applicant for setting aside Order dated ) 14.01.2025, rejecting captioned Petition under ) O.S.Rule 986 for non-compliance of office ) objections.

)

Heard ld. Advocate for the applicant. Perused ) Affidavit in Support, contents of which are ) self-explanatory. It is contended that the ) Advocate on record was instructed and ) authorized to pay cost of Rs. 1000/-, however, ) he could not pay the same due to his judicial ) exams. It is further contended that due to ) ignorance, delay of 227 days caused in filing ) present Chamber Order, however, same was ) not intentional. Ld. Advocate made a ) statement that as on date, captioned Petition is ) uncontested and prays for granting one ) opportunity to pursue with captioned Petition ) by condoning delay. ) ) Considering grounds, as above, and captioned ) Petition is uncontested as stated by ld. ) Advocate, I consider present Chamber Order ) favourably with a view that the applicant ) should get one opportunity to pursue with the ) matter. Hence, in the interest of justice, delay ) of 227 days caused in filing present Chamber ) Order is condoned and present Chamber Order ) is granted as prayed. ) The petitioner to remove office objection of ) Petition and get the same registered and/or ) numbered by filing/uploading compliance ) praecipe within two weeks from the date of ) uploading of order, failing Petition to stand ) rejected for non-compliance of office )

Considering grounds, as above, and captioned Petition is uncontested as stated by ld. Advocate, I consider present Chamber Order favourably with a view that the applicant should get one opportunity to pursue with the matter. Hence, in the interest of justice, delay of 227 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The petitioner to remove office objection of Petition and get the same registered and/or numbered by filing/uploading compliance praecipe within two weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Prothonotary and Senior Master

Date : 30.03.2026

Digitally signed by RAJEEVVIJAYACHARYA RAJEEV VIJAYACHARYADate:2026.04.01 11:22:49 +0530