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Bombay High CourtIA/1632/2020absolute

Mihir Tilak Parikh v. Tilak Parikh @ Tilak Babulal Parikh - Deceased

2022-10-14Hon'Ble Shri Justice R. I. Chagla2 pages

19-ia-1-2020.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1632 OF 2020 IN TESTAMENTARY PETITION NO.442 OF 2019 Mihir Tilak Parikh ...Applicant / Petitioner

Versus

Tilak Parikh @ Tilak Babulal Parikh @ Tilak B. Parikh ...Deceased ---------- Ms. Sonal Hemant Mishal 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 has sought to amend the schedule to the Petition as per the schedule annexed to the Interim Application. The Applicant has stated that due to typographical error, the shares of the deceased have been incorrectly shown as 22.25%, instead of 22.50% as borne out from 1/2

19-ia-1-2020.doc the Deed of Assignment dated 30th September, 2003. Accordingly, the present Interim Application has been filed. 3.

Having considered the averments in the Interim Application as well as noting the change to be made in the schedule annexed to the Interim Application, the relief sought for in the Interim Application requires to be granted.

4.

Hence the following order:- (i) The Applicant / Petitioner is permitted to amend the schedule to the Petition as per 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