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Bombay High CourtIA/498/2021disposed off

Malati Jagannath Tejam v. Mahadeo Gunaji Tejam (Deceased)

2021-03-09Hon'Ble Shri Justice G.S. Patel2 pages

41-IA498-2021 IN TS7-1998-MODIFIED.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 498 OF 2021 IN TESTAMENTARY SUIT NO. 7 OF 1998 IN TESTAMENTARY PETITION NO. 719 OF 1995 Malati Jagannath Tejam ...Plaintiff Mahadeo Gunaji Tejam ...Deceased Mr Pankaj Jagannath Tejam, Son and CA of the Plaintiff/Petitioner,, in person.

CORAM: G.S. PATEL, J DATED:

9th March 2021 PC:- 1.

The Petition was for Probate. It was contested and converted into a Testamentary Suit. Ultimately, Consent Terms were filed and a consent order was taken on 25th November 2020. Probate was then issued on 12th January 2021.

2.

The Applicant/Plaintiff is 84 years old. She is represented by her son and Constituted Attorney.

9th March 2021

41-IA498-2021 IN TS7-1998-MODIFIED.DOC 3.

The application is for a limited amendment to the Grant in respect of the property at Serial No. 5(a) in the Schedule to the Petition. This speaks of a half share in Tejam Sadan, a rented building situated at 686, Jerbai Wadia Road, Parel, Mumbai 400 012 as per Valuers Report dated 19th August 1995. What has been missed out in this description is that the one-half (1/2) share in Tejam Sadan is to be read as being along with leasehold rights. That is an accurate description.

4.

In view of this, the Interim Application is made absolute in terms of prayer clauses (a) and (b). No costs. 5.

copy of this order.

(G. S. PATEL, J) Note: This order is modified as per order dated 18th June 2021 to show the correct causetitle. 9th March 2021