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Bombay High CourtIA/3117/2022absolute

Vijayalakshmi Srinivasan v. R. Srinivasan (Deceased)

2022-07-29Hon'Ble Shri Justice R. I. Chagla3 pages

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.07.30 18:15:32 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3117 OF 2022 IN TESTAMENTARY PETITION NO.2466 OF 2019 Vijayalakshmi Srinivasan ...Applicant/Petitioner And R. Srinivasan ...Deceased ------- Adv. S. U. Lakdawala a/w Mr. Vijay Badgujar Applicant/Petitioner. -------

CORAM

:

R. I. CHAGLA, J.

DATED :

29th JULY, 2022.

P.C.

1.

Heard learned counsel for the Applicant.

2.

By this Interim Application, the Applicant is seeking permission to amend the Schedule of assets in Schedule-I of the Petition in accordance with Exhibit-B to the Interim Application alongwith consequential amendments.

3.

The Applicant has stated that the Applicant had fled the Petition for Letters of Administration of the property and credits of the deceased-R. Srinivasan in her capacity as widow of the deceased. The grant of Letters of Administration issued by this Court on 30th

November 2021. The Applicant has stated that after issuance of Grant, it came to the knowledge of the Applicant that the description of the property in Entry No.6 of Schedule-I was incorrect and inadvertently mentioned as Plot No.15 instead of Plot No.14 and detailed description of property has not mentioned as per conveyance deed dated 7th November 1970. Accordingly, the present Interim Application has been taken out.

4.

Having considered the averments in the Interim Application as well as the submission of the learned counsel for the Applicant/Petitioner, a case is made out for grant of relief sought for in the Interim Application. Hence, the following order is passed:- (i).

The Applicant is permitted to amend the Schedule of assets in accordance with Exhibit-B to the Interim Application in Schedule-I of the Petition alongwith consequential amendments.

(ii).

The offce of Prothonotary and Senior Master of this Court shall accept the original grant of Letters of Administration for amendment.

(iii).

The amendment shall be carried out by the

Applicant/Petitioner within a period of two weeks from the date of this order.

(iv).

The Interim Application is disposed of in the above terms.

(R. I. CHAGLA, J.)