Pratibha D. Vaidya v. Vishwanandan A. Agaskar

4-TS74-02+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 74 OF 2002 IN TESTAMENTARY PETITION NO. 31 OF 2002 WITH CHAMBER ORDER (L) NO. 161 OF 2015 AND TESTAMENTARY SUIT NO. 73 OF 2002 IN TESTAMENTARY PETITION NO. 758 OF 2001 Pratibha D. Vaidya ...Plaintiff

Versus

Vishwanandan A. Agaskar ...Defendant Mr. V.J. Shah, i/b M/s. MMK Law Associates, for the Applicant.

CORAM: G.S. PATEL, J DATED:

26th June 2015 PC:- 1.

There is a pending Chamber Order (L) No. 161 of 2015 pending since March. It seeks a minor amendment to the Petition / plaint to delete the name of the original Plaintiff / Petitioner and to

4-TS74-02+.DOC substitute the name of the Applicant, Vanita Abhay Kirtikar, as also consequential amendments. The original Plaintiff has passed away. The present Applicant is another beneficiary. This being a Petition for Letters for Administration with Will annexed, there can be no possible objection to the application.

2.

Leave to amend in terms of the schedule to the Chamber Order. Amendment to be carried out, without need of reverification, on or before 13th July 2015. Amended copy of the Petition to be served on the Advocate for the Defendant on or before 20th July 2015.

3.

List the Suit for directions on 21st July 2015 on the supplementary board.

4.

In view of this, the Chamber Order (L) No. 161 of 2015 does not survive and is disposed of.

(G. S. PATEL, J.)