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Bombay High CourtIA/354/2023disposed off

Suguna Rameshbabu Naidu v. Kandra Ramesh Babu Naidu Alias K Ramesh Babu Naidu Alias Ramesh Babu Naidu (Deceased)

2023-02-24Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MUGDHA M PARANJAPE Date:

2023.02.28 12:07:22 +0530 MUGDHA M PARANJAPE 1 21-IA 354-23 in TP 2067-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.354 OF 2023 IN PETITION NO.2067 OF 2021 Suguna Rameshbabu Naidu ... Applicant In the matter between Kandra Ramesh Babu Naidu alias K Ramesh Babu Naidu alias Ramesh Babu Naidu ... Deceased Suguna Rameshbabu Naidu ... Petitioner ----- Mr. Sameer R. Logade for the Applicant/Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH FEBRUARY 2023 P.C. :

1.

By the present Interim Application, the Applicant seeks an after grant amendment to the Schedule-I of Testamentary Petition No.2067 of 2021. 2.

This Court was pleased to grant the Letters of Administration to the property and credits of Kandra Ramesh Babu Naidu alias K Ramesh Babu Naidu alias Ramesh Babu Naidu in the name of the Applicant on 29/12/2021. Mugdha

2 21-IA 354-23 in TP 2067-21.doc 3.

The Interim Application sets out that after the Letters of Administration were granted to the Applicant, the Applicant became aware that 100% of the share in Flat No.604, Building No.1/C, situated at Dheeraj Enclave, Siddharth Nagar, being Kulraj Broadway, Borivali (East), Mumbai 400 066, was belonging to the deceased and not in the joint name as originally thought. It is thus that the present Interim Application for amendment has been filed. 3.

I have heard learned Counsel appearing on behalf of the Applicant and perused the Interim Application. I find that the Interim Application is in order and deserves to be allowed in the interest of justice. Therefore, the Interim Application is allowed in terms of prayer clause (a), which reads as follows :- "(a) That the Applicant/Petitioner be allowed to correct the description of the Property mentioned at Serial No.1 of Grant of Letters of Administration dated 29th December, 2021 and also Item No.1 of Schedule - I of the Petition as per Schedule annexed at Exhibit 'C'."

4.

The Interim Application is thus disposed of in terms of the above order.

(ARIF S. DOCTOR, J.) Mugdha