← Library
Bombay High CourtTP/2226/2021grant issued

Apurva Sudhir Nibandhe v. Sudhir Shridhar Nibandhe (Deceased)

2022-03-08Shri. S. B. Bhansali (Prothonotary Senior Master))1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 25th August, 2023 FOR AMENDMENT :

3. TP/2226/2021 P. C. :Ms. Shivani Paranjpe Advocate for the Petitioner

1. Ld. Advocate for the petitioner submitted that she has taken out an Interim Application having no. (L)/20219/2023 for after grant amendment. Said application was taken for hearing and the Hon'ble Court is pleased to pass an order on 07.08.2023 and allowed the application as prayed for.

2. Now, petitioner by this praecipe requested to allow him to make certain averments in the schedule of amendment in respect of the modification of the grant, to remove objections. Now, petitioner is willing to carryout an amendment as suggested in a praecipe as identified as (a), (b) & (c) on its page no. 2.

3. Upon going through the order passed by Hon'ble Court on 07.08.2023 and Interim Application, particularly on page no. 44. The petitioner has given specific draft amendment which is suggested to be carried out in the original petition and upon hearing the Application the said amendment has been allowed. Therefore, this officer does not have authority or power to allow the petitioner to carryout an amendment which is not granted by the Hon' ble Court in the Schedule-I of the petition. Furthermore, after issuance of grant, this officer cannot pass any order regarding the amendment because only Hon'ble Court has power to entertain such prayer. Hence, petitioner to take necessary steps.

4. Removed from the board.

25.08.2023 Officer on Special Duty, with Testamentary Department