Rafique Ahmed Merchant v. Arif Ahmed Merchant @ Mohmmed Arif Ahmed Merchant - Deceased

by JITENDRA SHANKAR NIJASURE Date:

2022.10.15 10:43:58 +0530 JITENDRA SHANKAR NIJASURE 17-ia-618-2020.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.618 OF 2020 IN TESTAMENTARY PETITION NO.44 OF 2019 Rafique Ahmed Merchant ...Applicant / Petitioner

Versus

Mohammed Arif Ahmed Merchant ...Deceased ---------- A.A. Maniyar i/b. M.G. Ansari for the Applicant / Petitioner. ---------- CORAM : R.I. CHAGLA J.

DATE : 14TH OCTOBER, 2022 ORDER :

1.

Heard learned Counsel for the Applicant / Petitioner. 2.

By the present Interim Application, the Applicant is seeking permission to correct the figures in the schedule of Assets to the Petition and for directing the office to make correction in the schedule of grant of the Letter of Administration. 1/2

17-ia-618-2020.doc 3.

I am satisfied with the averments in the Interim Application for grant of relief sought for therein, particularly considering the nature of the amendment sought which is merely correcting the value of the assets mentioned in the schedule annexed to the Testamentary Petition as well as the schedule annexed. Further the Applicant is stated to be the only surviving legal heirs of the deceased who has obtained the grant of Letters of Administration on 24th June, 2019. Hence the following order:- (i) The Applicant / Petitioner is permitted to correct the schedule of Assets in the Petition as well as the Office shall carry out correction in the grant of Letters of Administration in accordance with the schedule annexed to the Interim Application. (ii) Amendment shall be carried out within a period of three weeks from the date of this Order.

(iii) Interim Application is disposed of in the above terms. [R.I. CHAGLA J.] 2/2