Rakesh Gopinath Menon And ANR. v. Unniparambath Chankattil Gopinath Menon @ U.C.Gopinath Menon (Deceased)

52_IA_5298_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 5298 OF 2022 IN TESTAMENTARY PETITION NO. 496 OF 2015 Unniparambath Chankattil Gopinath Menon ...

Deceased Rakesh Gopinath Menon and another ...

Applicants/Petitioners Mr. Ashok Kotangle a/w. Mrs. Vaidehi Godse and Mr. Prabhakar Ranshur, i/b. K. Balkrishnan for applicants/petitioners.

CORAM : MANISH PITALE, J.

DATE :

08th NOVEMBER, 2023 P.C. :

.

By this application seeking post grant amendment, the applicants are seeking amendment of schedule to the original petition and consequently, amendment to the original grant.

2.

It is submitted that the probate was granted on 06.08.2015. It was later realized that certain descriptions in the properties, were erroneously stated and that therefore, correction to the extent indicated in the draft amendment at Exhibit B, would be necessary in the interest of justice. 3.

This Court is informed that the original petition was an uncontested petition, leading to grant of probate.

4.

In view of the above, in the interest of justice, the application is allowed in terms of prayer clauses (a) and (b), which read as follows: by PRIYA KAMBLI Date:

2023.11.10 17:07:29 +0530 PRIYA KAMBLI 1/2

52_IA_5298_22.doc "a.

Petitioner may be permitted to carry out amendment in Schedule - I of the Petition and in Grant of Probate Certificate as per Exhibit - B annexed to this application. b.

Registry may be directed to carry out amendment in Grant of Probate Certificate and issue amended grant of Probate Certificate."

5.

Amendment be carried out in the schedule to the original petition within four weeks from today. Re-verification is dispensed with. 6.

Department to take consequential action expeditiously. 7.

Application is disposed of.

(MANISH PITALE, J.) Priya Kambli 2/2