Bombay High Court
Abha Dastane-Rao And Anr. vs Prabhakar Deolankar And 2 Ors. on 5 December, 2025
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
1.IA.2089.2024.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 2089 OF 2024
IN
MISC. PETITION NO. 286 OF 2023
WITH
IN-PERSON APPLICATION (L) NO. 15471 OF 2023
IN
MISC. PETITION NO. 286 OF 2023
Abha Dastane Rao .. Petitioner
Versus
Prabhakar Deolankar and Ors. .. Respondents
....................
Ms. Abha Dastane - Rao, Petitioner in-person.
Ms. Priyanka Yadav, Advocate i/by Grishma Lad for Petitioner.
Mr. Suhas B. Rohile, Advocate i/by S.N. Chandrachood for
Respondent No.1.
....................
CORAM : MILIND N. JADHAV, J.
DATE : DECEMBER 05, 2025.
P.C.:
1. Heard Ms. Dastane - Rao, Petitioner in-person and Mr. Rohile, learned Advocate for Respondent No.1.
2. Ms. Dastane persuades the Court to take up the matter for hearing in regard to the previous order passed. Mr. Rohile, learned Advocate appears on behalf of Advocate Mr. Chandrachood and informs the Court that he is personal difficulty today.
3. Ms. Dastane has aired her grievances to the Court that Respondents are guilty of dilatory tactics for a long time since the past 1 of 3 ::: Uploaded on - 06/12/2025 ::: Downloaded on - 12/12/2025 22:13:48 :::
1.IA.2089.2024.doc several years to her detriment and prejudice. She would submit that this Court should view the conduct of Respondent's Advocate Mr. Chandrachood representing and espousing the Executor who is living in the United States of America and pass appropriate orders and strictures so as to ameliorate and redress her grievances.
4. Though this Court understands the predicament faced by the Applicant - Petitioner, still since a request is made to the Court to consider the personal difficulty of learned Advocate Mr. Chandrachood who is himself 74 years old, in that view of the matter, the same is considered and allowed, however with a caveat. In view of the exigency expressed by Ms. Dastate who is appearing in-person, the Advocate for Respondent No.1 whether it is Mr. Chandrachood or any other Advocate in his place shall ensure that he shall appear on the next adjourned date for hearing of the present matters.
5. Considering the paucity of time before the impending Christmas Vacation and the portfolio assignment of this Court, the present matter is listed on immediately on re-opening for directions before the Court on which date the Court can determine the date for hearing as per its convenience.
6. Mr. Chandrachood is directed by Court to remain present on the next date before this Court and if he is unable to come on the next date, Executor is directed to ensure that he appoints a fresh / new 2 of 3 ::: Uploaded on - 06/12/2025 ::: Downloaded on - 12/12/2025 22:13:48 :::
1.IA.2089.2024.doc Advocate to represent and espouse of his cause and that Advocate should remain present. Though Ms. Dastane has vehemently submitted that considering her difficulty and exigency, this Court should award exemplary costs to her because she is made to run from pillar to post and that she travels from Pune for attending the matters on all dates, this Court understands the difficulty faced by her, but in view of the request made due to personal difficulty of learned Advocate Mr. Chandrachood, presently Court refrains from passing any orders on costs.
7. Needless to state that if similar adjournment is sought on the next adjournment date or if the same conduct repeats itself, this Court shall be constrained to pass appropriate orders for exemplary costs in that case.
8. All parties appearing in the present matter represented by their Advocates are directed to remain present either through themselves or through their respective Advocates on the next adjourned date so that Interim Application and the Petition can be prosecuted.
9. List the matter on Board on 09th January 2026.
[ MILIND N. JADHAV, J. ] Ajay 3 of 3 ::: Uploaded on - 06/12/2025 ::: Downloaded on - 12/12/2025 22:13:48 :::