Bombay High Court
MUKESH BABULAL DOSHIversusBabubhai Bachubhai Doshi
- Decided
- Disposal
- DISPOSED OFF
Holding
The court condoned the delay and set aside the dismissal order, restoring the testamentary petition to the file.
Summary
Mukesh Babulal Doshi filed an interim application seeking to set aside a 2019 order that dismissed his testamentary petition for non‑removal of office objections. The applicant, represented by Mr. Prabhu Velar and Ms. Saniya Khan, argued that sufficient cause existed to condone the delay of 2,559 days and restore the petition. Justice Arif S. Doctor found that the interests of justice favored restoration and that no prejudice would be caused to any third party. The court allowed the interim application, directing that the delay be condoned and the dismissal order set aside, with the petition to be restored to the file. The court also directed that the office objections be removed within two weeks of restoration.
Issues considered
- Whether the court should condone a delay of 2,559 days in filing the interim application.
- Whether the order dismissing the testamentary petition for non‑removal of office objections should be set aside and the petition restored.
Subjects
- testamentary petition
- interim application
- condonation of delay
- removal of office objections
- restoration of petition
Judgment
1/2 60-IA-2860-2026 (OS).DOC
Digitally
signed by
MOHAMMAD
MOHAMMAD AREEB
AREEB MOHD
MOHD AKBAR
AKBAR Date:
2026.08.20
13:03:56
+0530
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 : 18th 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
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
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