K. Anand Rao S/O. Late Koti Devendra Rao v. K. Devendra Rao S/O. K. Laxman Rao (Deceased)

2023:BHC-OS:12869 10.IA.659.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 659 OF 2019 IN TESTAMENTARY PETITION NO. 767 OF 2018 Koti Devendra Rao alias K. Devendra Rao s/o K. Laxman ...Deceased K. Anand Rao s/o Koti Devendra Rao

...Petitioner

***  Mr. Ashish J. Dubey i/b Jamuna Prasad Dubey, for Petitioner *** CORAM : MANISH PITALE, J.

DATE : 30th OCTOBER, 2023.

P. C. :

1.

By this application, the Applicant is seeking amendment of the Schedule annexed to the original petition for grant of Letters of Administration in respect of the deceased Koti Devendra Rao. The Applicant is the Original Petitioner. It is pointed out that although the Letters of Administration dated 07th March, 2019, were correctly issued with regard to administration of property to the credit of deceased Koti Devendra Rao, inadvertently, due to typographical error, in the Schedule of assets annexed to the original Testamentary Petition, while describing the properties, the name of the legal heir of the co-owner of the property was stated.

2.

It is submitted that in the interest of justice, name of the legal heir of the co-owner i.e. Ajay Anand Kumar Shukla needs to be deleted, and the name of the deceased i.e. Koti Devendra Rao needs to Shrikant Malani

10.IA.659.2019.doc be substituted in the Schedule of assets and in the original petition. 3.

This Court has perused the record and it appears that due to inadvertent typographical error, the name of the Ajay Anand Kumar Shukla was wrongly mentioned in the schedule of assets annexed to the original testamentary petition. 4.

Hence, in the interest of justice, the present application is allowed in terms of prayer clause (a), which reads as follows : "a.

This Hon'ble Court be pleased to Delete the name of Ajay Anand Kumar Shukla and substitute it with correctname DEVENDRA RAO S/O K. LAXMAN RAO in Schedule-I of the petition T & I.J. No. 767 of 2018 and Grant of Letters of Administration dated 7/3/2019 of the petition T & I.J. No. 767 of 2018." 5.

The amendment in the Schedule of assets annexed to the original testamentary petition, shall be accordingly carried out within two weeks from today. Re-verification is dispensed with. (MANISH PITALE, J.) Shrikant Malani