Persis Behram Anklesaria And Another v. Keki Jehangir Vakharia (Deceased)

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.07.14 12:25:16 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1613 OF 2021 IN TESTAMENTARY PETITION NO.1847 OF 2017 Persis Behram Anklesaria & Anr.

...Applicants/Petitioners V/S Keki Jehangir Vakharia ...Deceased ------- Mr. Sushil Inamdar i/by A. B. Shrikhande for Applicants/Petitioners. -------

CORAM

:

R. I. CHAGLA, J.

DATED :

8th JULY, 2022.

P.C.

1.

Heard learned counsel for the Applicants/ Petitioners. 2.

By this Interim Application, the Applicants/Petitioners are seeking permission to amend the title of the Petition and Schedule-I of the Petition in terms of the schedule annexed to the Interim Application. Further, order and directions are sought against the Prothonotary and Senior Master of this Court to amend the schedule to the original grant as per Exhibit-B annexed to the Interim Application and consequential amendments to be carried out.

3.

By way of amendment, para 4A was inserted to the Interim Application in which it is stated that the Applicant No.1/Petitioner No.1 though shown as "Persis Behram Anklesaria" her documents like Pan Card, Adhar Card and Bank Accounts as well as demat accounts shows her name as Anklesaria Persis or Persis Behramgore Anklesaria or Persis B. Anklesaria or P. B. Anklesaria or Anklesaria Persis Behramgore or Anklesaria Persis Behram due to which the Applicants/Petitioners are facing diffculties in administering the estate of the deceased. Accordingly, the necessary names are sought to be added by way of amendment. 4.

The Applicants/Petitioners have further stated that after the grant was issued in favour of the Applicants/Petitioners on 26th April 2018 by this Court, the Applicants/Petitioners learnt of certain securities which required to be incorporated in the Schedule-I to the Petition and therefore in the grant. In view thereof, the present Interim Application has been taken out.

5.

Considering the averments in the Interim Application as well as the schedule of the amendment sought to be carried out in the Petition as well as the Grant, the relief sought for is required to be granted. Hence, the following order is passed:-

(i).

The Applicants/Petitioners are permitted to amend the title of the Petition and Schedule-I to the Petition in terms of the schedule annexed to the Interim Application.

Consequential amendments are permitted.

(ii). The amendment shall be carried out by the Applicants/Petitioners within a period of four weeks from the date of this order.

(iii). The Prothonotary and Senior Master of this Court is directed to amend the Schedule to the original grant as per Exhibit-B to the Interim Application.

(iv). The Interim Application is disposed of in the above terms.

(R. I. CHAGLA, J.)