1 CHS.110/10-TP.753/2003 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 110 OF 2010 IN TESTAMENTARY PETITION NO. 753 OF 2003 Vijayalaxmi Vijay Dhamnaskar ...Petitioner Ms. Anagha Nimbalkar i/b. Varsha Palav for Petitioner/Applicant CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH SEPTEMBER, 2010 P.C. : 1. The Chamber Summons is taken out on 27th August 2010 for condonation of delay in complying with office objections raised by the Registry in the above Petition. The office objections have been raised since prior to 2005. 2. The Chamber Summons was taken out by the Petitioner in 2004 being Chamber Summons No.1287/2004 to bring the heirs of one of the legal representative of the deceased on record. The Chamber Summons was disposed off on 10th March 2005. 3. Amendments have not been made until now despite the Petitioner’s own application for bringing the heirs on record. Objection has been raised by the office. 2 CHS.110/10-TP.753/2003 4. The Petitioner made a similar application on 6th August 2010 for granting further time to comply with the office requisition. The Court by its order dated 31st August 2007 granted 8 weeks time for complying with the office requisition. 5. Hence it is seen that for the Chamber Summons taken out in June 2004 which was allowed in March 2005, amendments were not carried out until 31st August 2007 and further time was sought and granted. Even thereafter, amendments were not carried out. Hence the office requisition remained uncomplied. The office endorsement shows the order dated 10th March 2005 remaining uncomplied until now. 6. The Petitioner was directed to take out a proper proceeding indicating the nature of requisition and as to why it was not complied within time. 7. The Petitioner has taken out this Chamber Summons. The Petitioner’s Advocate instead argued that all the procedural part in the above Petition are complied since long and still the Registry is not providing the Succession Certificate. The Petitioner has made complaint to Prothonotary and Senior Master under the Advocate’s praecipe dated 4th May 2010 and 16th July 2010. 8. The Petitioner’s Advocate has also shown earlier praecipe dated 26th February 2009 made to the Prothonotory and Senior Master of this Court to direct the office to issue the final notice as all the objections were removed 3 CHS.110/10-TP.753/2003 or complied with. 9. It is seen that what is mentioned in this Petition is incorrect. It is seen that what is stated to this Court is also incorrect. The officer from the office of the Prothonotary and Senior Master has, therefore, been called. He has shown that the Petition has remained unamended as per the order passed in the Petitioner’s own Chamber Summons since 10th March 2005. 10.The Petitioner cannot be granted time again and again when requisitions are not complied with and incorrect assertions are made that they are. 11.The Petitioner’s Advocate shall pay costs fixed at Rs.3000/- to the Maharashtra Legal Services Authority within 2 weeks from today, upon which alone the time for carrying out requisitions shall be extended for 3 weeks from today. 12.If the costs are not paid and the requisition is not complied within the aforesaid 2 and 3 weeks respectively, the Petition shall stand dismissed. 13.The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)