Bombay High Court

DHIRAJ MANEKLAL MEHTAversusBHAVIN RAMAKANT SARAIYA @ BHAVIN R. SARAIYA @ BHAVIN R. SARAIYA @ BHAVIN SARAIYA (DECEASED)

Decided: 17 April 2026
Disposal: GRANT ISSUED
Bench: A H LADDHAD PROTHONOTARY SENIOR MASTER

Holding

All office objections must be removed and court fees paid by the specified deadlines, otherwise the petitions will be dismissed.

Summary

The High Court of Bombay issued a common conditional order applicable to a series of testamentary and intestate matters (serial numbers 901 to 1642). The order mandates that any office objections must be removed by 15 March 2023, without any extension, and that court fees, if applicable, must be paid by 1 March 2023. Failure to comply will result in the dismissal of the petition without further reference. The Department is instructed not to dismiss matters where a caveat has been filed, and to examine each case individually, including situations where a caveat has been dismissed but a motion for restoration is pending. Where caveats exist but court fees are unpaid, the fees must be paid by the stipulated date, else the petition will be dismissed.

Issues considered

Whether office objections must be removed by the prescribed date
Whether court fees must be paid by the prescribed date
How to handle cases where a caveat has been filed or dismissed

Subjects

court fees
caveat
office objections
procedural compliance
testamentary jurisdiction

Judgment

                                                                1
            Digitally signed
            by MULEY
            SHUBHAM
MULEY
SHUBHAM
PRAVINRAO
            PRAVINRAO
            Date:
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            2023.01.12
            19:20:11
            +0530

                                      TESTAMENTARY AND INTESTATE JURISDICTION

                                              COMMON CONDITIONAL ORDER

                                               SERIAL NUMBERS 901 TO 1642

                  (Except serial Nos.909, 911, 925, 928, 930, 933, 937, 946, 952, 954, 958, 959,

                               972, 976, 977, 981 996, 997, 998 1097, 1115 and 1380)

                                    (Cause title and appearances as per the board notified)



                                                                CORAM : ARIF S. DOCTOR, J.
                                                                DATE      : 10th JANUARY, 2023

                P.C.:-


                1.                  In all these matters, office objections, if any, are to be removed on or

                before 15th March, 2023, with no possibility of any extension. This includes

                payment of Court fees, if any.            In default, the Petition will stand dismissed

                without further reference to the Court.

                2.                  It is clarified that the Department is not to dismiss any matter for

                non-removal of office objections where any Caveat has already been filed. The

                Department is, therefore, required to check on a case by case basis whether any

                Caveat is filed or not. This will also apply in cases where Caveat has been filed

                but has been dismissed, and there is a Notice of Motion or Chamber Summons

                filed for restoration of the Caveat or a condonation of delay.

                3.                  In matters where the Caveates are filed but Court Fees are not paid,

                those Court Fees are to be paid, without any possibility of extension, before 1 st

                    Shubham Muley                                                                       1/2
                                      2


March, 2023, failing which the Petitions will stand dismissed without further

reference to the Court.


                                              (ARIF S. DOCTOR, J.)




 Shubham Muley                                                            2/2

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