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Bombay High CourtIA/1918/2022disposed off

Tushar Dwardadas Thakkar v. Haridas Dwardadas Thakkar Deceased

2023-02-24Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MUGDHA M PARANJAPE Date:

2023.02.28 12:07:10 +0530 MUGDHA M PARANJAPE 1 20-IA 1918-22 in TP 255-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1918 OF 2022 IN PETITION NO.255 OF 2015 Tushar Dwarkadas Thakkar ... Applicant (Orig. Petitioner) In the matter between Haridas Dwarkadas Thakkar ... Deceased Tushar Dwarkadas Thakkar ... Applicant (Orig. Petitioner) ----- Mr. Jaydeep J. Thakkar for the Applicant.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH FEBRUARY 2023 P.C. :

1.

By the present Interim Application, the Applicant seeks after grant amendment to the Schedule of Testamentary Petition No.255 of 2017 as also directions to amend the Succession Certificate, which was issued by this Court to the Applicant on 31/07/2018.

2.

The Applicant submits that post the grant, the Applicant became aware of certain securities, which stood in the name of the deceased and thus seeks to include the same in the Schedule.

Mugdha

2 20-IA 1918-22 in TP 255-17.doc 3.

I have heard learned Counsel appearing on behalf of the Applicant and perused the Interim Application. I find that the Interim Application is in order and deserves to be allowed in the interest of justice. Therefore, the Interim Application is allowed in terms of prayer clauses (a), (b) and (c), which read as follows :- "(a) That the delay if any in taking out this Interim application may be condoned.

(b) That the Applicant may kindly be allowed to amend Petition as per Schedule annexed to the Interim Application. (c) That after amendment of Petition, as sought in prayer (b) is carried out, Testamentary Department may be directed to amend Succession Certificate issued on 31st July 2018 in above Petition, as per amended Petition."

4.

The Interim Application is thus disposed of in terms of the above order.

(ARIF S. DOCTOR, J.) Mugdha