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Bombay High CourtCST/147/2018disposed off

Sunder Menezes v. Arthur William Menezes (Deceased)

2018-12-05Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 19-CST147.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 147 OF 2018 IN TESTAMENTARY PETITION NO. 168 OF 2001 Arthur William Menezes ..... Deceased Mr.Sunder Menezes ..... Applicant

IN THE MATTER BEWTEEN

Mr.Sunder Menezes ..... Petitioner Mr.Ishwar Ahuja, i/b. M/s.Thakordas Madgavkar for the Applicant. None for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATE :

5th DECEMBER, 2018 P.C.

By this chamber summons, the applicant seeks amendment in the Will and Testament dated 12th February, 1990 of Mr.Arthur William Menezes. The grant was issued by this court on 3rd December, 2001. There was no contest to the said testamentary petition filed by the petitioner.

2.

In paragraphs 7 and 8 of the affidavit in support of the chamber summons, the applicant has recorded the reasons for amendment to the grant of probate.

3.

I am inclined to accept the statements made in paragraphs 7 and

kvm 2/2 19-CST147.18 8 in affidavit in support of the chamber summons. 4.

For the reasons recorded in the paragraphs 7 and 8 of the chamber summons, chamber summons is made absolute in terms of prayer clause (a).

5.

The office is directed to carry out amendment to the grant of probate within four weeks from today. No order as to costs. [R.D. DHANUKA, J.]