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2026 DAILYLAW 4259 (BOM)

MUKESH BABULAL DOSHI v. Babubhai Bachubhai Doshi

IA/2860/2026 · 2026-08-18

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/2 60-IA-2860-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2860 OF 2026 IN TESTAMENTARY PETITION NO. 39 OF 2015 Mukesh Babulal Doshi ...Applicant Versus Babubhai Bachubhai Doshi ...Respondent _______ Mr. Prabhu Velar a/w Ms. Saniya Khan for the Applicant. _______ CORAM : ARIF S. DOCTOR, J. DATE : 18 th AUGUST, 2026 P.C. 1. This Interim Application seeks to set aside the Order dated 15 th April 2019, by which the captioned Testamentary Petition came to be dismissed for non-removal of office objections. 2. Having heard Mr. Velar and having perused the Interim Application, I find that sufficient cause has been made out. In my view, the interests of justice would best be served if the Petition is restored to file and the Petitioner is afforded an opportunity to contest the same on merits. I am also of the view that such an Order would not cause prejudice to any third party. Hence, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read thus: “a) That this Hon’ble Court be pleased to condone the delay of 2559 days in filing the present Interim Application. b) That this Hon’ble Court may be pleased to set aside the order of dismissal Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.08.20 13:03:56 +0530 2/2 60-IA-2860-2026 (OS).DOC of the Petition as per Order dated 15th April, 2019 passed by Hon’ble Justice Shri. A.K. Menon in Notice of Motion No. 81 of 2018 and Testamentary Petition bearing No. 39 of 2015, be restored to the file.” 3. The office objections shall, however, be removed within a period of two weeks from the date on which the Petition stands restored. [ARIF S. DOCTOR, J.] Areeb