Allowed¶6

Mahipji Akhilesh Srivastava and 2 Ors. v. Shachi Ashish Srivastava (Caveator)

Bombay HC18 Apr 2026IA/250/2025

Case brief

AI extract

What is this about?

condonation of delay; 31 days delay Caveat; 35 days delay Affidavit in support of Caveat; liberal approach well-settled; inordinate colossal delay; caveatrix legal heir; husband out of station; insufficient explanation objection; convert Testamentary Petition into Testamentary Suit; Bombay High Court Testamentary and Intestate Jurisdiction; IA 250 of 2025; Caveat (L) 145 of 2019; Sharmila U. Deshmukh; Srivastava testamentary matter.

What did the court decide?

Delay of 31 days in filing the Caveat and of 35 days in filing the Affidavit in support of Caveat condoned; Department directed to convert the Testamentary Petition into a Testamentary Suit. ¶6

Mahipji Akhilesh Srivastava and 2 Ors. vs Shachi Ashish Srivastava (Caveator) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 31 days in filing the Caveat and of 35 days in filing the Affidavit in support of Caveat condoned; Department directed to convert the Testamentary Petition into a Testamentary Suit.

¶6

Issue for consideration

Whether the delay of 31 days in filing the Caveat and the delay of 35 days in filing the Affidavit in support of Caveat should be condoned, i.e., whether the explanation tendered by the Applicant/Caveatrix is sufficient.

¶1

Court's answer

The delay of 31 days in filing the Caveat and 35 days in filing the Affidavit in support of Caveat is not such an inordinate, colossal delay as cannot be condoned.

¶4

Ratio / Principle

A liberal approach is well-settled to be required towards condonation of delay, and the explanation tendered by the Applicant/Caveatrix in the present case is sufficient to condone the delay.

¶5

Key takeaways

The Interim Application is allowed and the delay stands condoned.ratio¶6
Consequent upon condonation of the delay, the Department is directed to convert the Testamentary Petition into a Testamentary Suit.ratio¶7

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Sharmila U. Deshmukh, J., 06 May 2026) - IA No. 250 of 2025 in Caveat (L) No. 145 of 2019 (Mahipji Akhilesh Srivastava and Others v. Shachi Ashish Srivastava): Allowed. The Judge condoned the delay of 31 days in filing the Caveat and of 35 days in filing the Affidavit in support of the Caveat, holding that the delay was 'not such an inordinate, colossal delay, which cannot be condoned', and that a liberal approach is well-settled to be required towards condonation of delay. The explanation tendered - that the Caveatrix is a legal heir whose husband being out of station she could not contact the Advocate in time - was found sufficient, notwithstanding the original Petitioners' objection that the explanation was inadequate. The Department was directed to convert the Testamentary Petition into a Testamentary Suit. No statute or precedent was cited. Counsel: Vinod Sharma for the Petitioner; Sumit Sonare i/b Adil Mistry for the Applicant.

Mahipji Akhilesh Srivastava and 2 Ors. v. Shachi Ashish Srivastava (Caveator)

Case brief

What is this about?

What did the court decide?

Mahipji Akhilesh Srivastava and 2 Ors. v. Shachi Ashish Srivastava (Caveator)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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