Syed Abdul Nadeem And 4 Others v. Syed Abdul Azeem
A NO. 3522 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-07-2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A No.3522 of 2025 in O.P.No.581 of 2023 Syed Abdul Nadeem and 4 Others S/o.Late Dr.Syed Jabbar, Old No.21, New No.24, III Cross Street, No.27, Glenn Wood Street, Hollywood Farm Beach, Kilputhupattu, Villupuram District, Tamil Nadu - 605 014. and 4 Others Applicant(s) Vs Syed Abdul Azeem S/o.Late Dr.Syed Jabbar, No.12-18, Gollapudi Vari Satram Street, Vetapalem, Andhra Pradesh - 523187.
Respondent(s) For Applicant(s):
Mrs.R.Usha Priya For Respondent(s):
M/s.Gayatri For M/s.P.B.Ramanujam & Associates
ORDER
The present application has been filed to permit the Applicants/Petitioners to carry out the amendment in the above Original Petition in O.P.No.581 of 2023 (i) in Para No.15 amending the S.B.I.Demat
account as No.1204720022602664 (ii) in Para No.15 amending the form of shares held as physical form under the Folio No.9858 (iii) In Schedule A amending the Distinguishing Number of Letter of Security by inclusion of the Folio Number and Distinctive number INE437A01024, Regd.Folio No.9858 with Distinctive No(s) 8088365 to 8089358 and (iv) In Schedule B amending the Distinguishing number or letter of security by inclusion of the Folio number and Distinctive number as INE437A01024 Regd.Folio No.9858 with Distinctive No(s) from 8088365 to 8089177 and consequently direct the Registry to amend the Succession Certificate.
2. The learned counsel appearing for the applicant would submit that by order dated 22.07.2024, this Court had granted Succession Certificate to the applicant. Inadvertently in the petition, errors have crept in paragraph No.15 and in the Schedule appended to the petition, which is also reflected in the order.
3. In view of the same, the applicant is finding it difficult to exercise his claim under the Succession Certificate and has filed this present application, seeking to amend paragraph No.15 and Schedules A and B as
indicated in the application.
4. The learned counsel appearing for the respondent would submit that the respondent had taken back the brief and therefore, notice may be served upon him. The applicant had sought for a grant of Succession Certificate of 9/11th shares held by the deceased alone. The remaining 2/11th of the shares would go to the benefit of the respondent herein. The respondent had not cross-examined the witness on the side of the petitioner, which itself would show that he did not have any objection for grant of Succession Certificate in favour of the petitioner in respect of 9/11th share, which formed part of Schedule B.
5. In such view of the matter, the error that had occasioned in filing the petition could be carried out by way of this amendment and no prejudice would be caused to him. Hence, notice to the respondent stands dispensed with.
6. Considering the averments made in the affidavit filed in support of this application and having been satisfied with the reasons stated therein, the application ordered as prayed for. On the amendments being carried out, fresh Succession Certificate shall be granted, incorporating the amendments to the same.
30-07-2025 kak To
1. Syed Abdul Azeem S/o.Late Dr.Syed Jabbar, No.12-18, Gollapudi Vari Satram Street, Vetapalem, Andhra Pradesh - 523187.
K.KUMARESH BABU, J.
kak A No.3522 of 2025 in O.P.No.581 of 2023 30.07.2025