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Bombay High CourtIA/3358/2022absolute

Sunil Upendra Mehta v. Kishori Upendra Mehta @ Kishoriben Mehta(Deceased)

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

by JITENDRA SHANKAR NIJASURE Date:

2022.10.15 10:43:59 +0530 JITENDRA SHANKAR NIJASURE 24-ia-3358-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3358 OF 2022 IN TESTAMENTARY PETITION NO.1548 OF 2021 Sunil Upendra Mehta ...Applicant / Petitioner

Versus

Kishori Upendra Mehta @ Kishoriben Mehta ...Deceased ---------- Ms. Keya Raval i/b. Duru and Co. for the Applicant / Petitioner. ---------- CORAM : R.I. CHAGLA J.

DATE : 14TH OCTOBER, 2022.

ORDER :

1.

Heard learned Counsel for the Applicant / Petitioner. 2.

By this Interim Application, the Applicant is seeking permission to amend Exhibit B to the Testamentary Petition as per the annexed schedule of amendment at Exhibit B to the Interim Application and consequential amendment in the grant of Succession Certificate.

3.

I am satisfied with the averments in the Interim Application for grant of relief sought for therein. Amendment which 1/2

24-ia-3358-2022.doc is sought is only with regard to the distinctive numbers which have been incorrectly mentioned as "13890385' which should be read as '

10411700'

. Thus the distinctive numbers shall be from 10411621 to 10411700. This was only noticed by the Applicants after grant of Succession Certificate which was granted by this Court on 14th October, 2021. Accordingly, the relief sought for in the Interim Application is granted. Hence the following order:- (i) The Applicant / Petitioner is permitted to amend Exhibit B to the Testamentary Petition as per schedule of amendment annexed at Exhibit A to the Interim Application. (ii) Consequential amendment shall be made by the Office in the grant of Succession Certificate.

(iii) Amendments shall be carried out within a period of three weeks from the date of this Order.

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