Bombay High Court
Sangita Rajendra Sharma (Caveator) vs Gopal Hanuman Prasad Narsaria(Pet) And ... on 7 August, 2024
Author: N. J. Jamadar
Bench: N. J. Jamadar
2024:BHC-OS:11945
39-IAL16805-2022.DOC
SANTOSH
SUBHASH
KULKARNI Santosh
Digitally signed by
SANTOSH SUBHASH
KULKARNI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2024.08.08
18:46:14 +0530
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 16805 OF 2022
IN
CAVEAT (L) NO. 7554 OF 2022
IN
PETITION NO. 2476 OF 2021
WITH
WILL NO. 994 OF 2021
Gopal Hanuman Prasad Narsaria ...Petitioner
Gayatridevi Hanuman Prasad Narsaria ...Deceased
Ms. Grishma Lad, a/w Priyanka Yadav and Shivangi Singh,
for the Applicant - Caveator.
Mr. Ajinkya Lokare, for the Petitioner.
CORAM: N. J. JAMADAR, J.
DATED : 7th AUGUST, 2024
PC:-
1. Heard the learned Counsel for the parties.
2. This is an application for condonation of 40 days delay in
filing the Caveat.
3. This petition is filed for grant of Letters of Administration
with the Will annexed to the properties and credits of
Gayatridevi Hanuman Prasad Narsaria, the deceased mother of
the petitioner. The deceased left behind the petitioner and the
Caveator, who is the daughter of the deceased.
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4. The citation was served on the Caveator on 14 th January,
2022. The Caveat came to be filed on 10 th March, 2022. There is
a delay of 40 days in filing the Caveat.
5. In the application, the applicant avers that the Caveator
could not file the Caveat within the stipulated period on account
of financial constraints due to the exigency of the situation
which arose on account of Covid-19 Pandemic. The applicant
had approached the High Court Legal Services Committee, to
provide legal aid to her. The applicant was also unwell. Hence
this application.
6. An affidavit-in-reply is filed on behalf of the petitioner
controverting the reasons ascribed in the application for
condonation of delay in filing the Caveat.
7. The learned Counsel for the petitioner submitted that the
Caveat has already been disposed by an order dated 29 th
February, 2024. There is 80 days delay in filing affidavit in
support of the Caveat. However, the applicant has not prayed
for condonation of delay in filing the affidavit in support of the
Caveat. It was submitted that there is no justifiable reason for
condonation of delay.
8. I have perused the averments in the application and
contentions in the affidavit-in-reply.
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9. Evidently, the applicant - Caveator, being the daughter of
the deceased, has a caveatable interest. The applicant has
ascribed reasons for delay. The application came to be filed by
the Caveator after availing legal aid through the High Court,
Legal Services Committee.
10. It is trite an application for condonation of delay should
receive liberal consideration. The Court leans in favour of
condonation of delay so as to advance the cause of substantive
justice by deciding the lis on merit rather than on technicalities.
The issues highlighted by the learned Counsel for the petitioner
regarding the want of prayer and the dismissal of Caveat fall in
the realm of the technicalities as the application for condonation
of delay was already filed when the Caveat came to be dismissed
for non-removal of office objections.
11. In the aforesaid view of the matter, I am impelled to allow
the application.
12. Hence, the following order:
:ORDER:
(i) Application stands allowed.
(ii) The delay in filing the Caveat and affidavit in support of the Caveat stands condoned.
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(iii) By way of abundant caution, the order dismissing the Caveat for non-removal of office objections stands recalled.
(iv) The Caveator shall remove the office objections, if any, within a period of two weeks from the date of uploading of this order.
(v) Upon removal of office objections, if any, the Caveat be accepted and registered.
(vi) Affidavit in support of Caveat be also taken on record.
Application disposed.
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