Prakash Lakhiram Sharma v. Saroj Prakash Sharma (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1220 OF 2022 IN TESTAMENTARY PETITION NO. 1837 OF 2014 Prakash Lakhiram Sharma ...

Applicant/Petitioner And Saroj Prakash Sharma ... Deceased Mr. V.K. Rajbhar i/b D.G. Tripathi for the Applicant/Petitioner. CORAM : R.I. CHAGLA, J.

DATED : 21st OCTOBER, 2022.

ORDER :

Heard the learned Advocate appearing for the Applicant/Original Petitioner.

By this Interim Application the Applicant is seeking permission to amend the Schedule of the Petition and issue extension Letters of Administration as per Schedule annexed to the Interim Application.

The Applicant has stated that the Petition had been filed for grant of Letters of Administration which was granted by this Court on 1/3

30.04.2016. The Applicant states that after grant of Letters of Administration, there were some credits lying with ICICI Bank, Andheri (W) Branch, Mumbai, State Bank of India, Ratlam, Madhya Pradesh, Bank of Baroda, Ratlam, Madhya Pradesh Branch, and property being Flat No.5, Sita Building, 4, Yashwant Niwas Road, Indore as well as Investment and debt standing in the name of the deceased which had been recently learnt of. The Interim Application had been taken out for amendment in the Schedule of the Petition for inclusion of the aforementioned property and credits. The Applicant is stated to be the only legal heir of the deceased being the husband of the deceased. Having considered the averments in the Interim Application as well as considering that the Applicant is the only legal heir of the deceased and that there are the aforementioned properties and credits standing in the name of the deceased which have been recently learnt of by the Applicant after issuance of grant, the relief sought for in the Interim Application requires to be granted. Hence, the following order is passed :

i) The Applicant is permitted to amend the Schedule of the Petition in accordance with the Schedule of amendment annexed to the Interim Application at Exhibit-B. 2/3

ii) Office is directed to issue extension of Letters of Administration as per schedule at Exhibit-B to the Interim Application.

iii) Interim Application is accordingly disposed of in the above terms.

(R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:

2022.11.09 18:09:47 +0530 WAISHALI SUSHIL WAGHMARE 3/3