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Bombay High CourtIA/1271/2025disposed off

Flavia Mathew Fernandes v. Priscilla John Fernandes

2025-05-06Hon'Ble Justice Shri Arif S. Doctor2 pages

18-IA-1271-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1271 OF 2025 IN TESTAMENTARY PETITION NO.288 OF 2019 Mathew Antonio Fernandes ] Deceased Flavia Mathew Fernandes ] Applicant/Petitioner

IN THE MATTER BETWEEN:

Flavia Mathew Fernandes ] Applicant/Petitioner vs.

Priscilla John Fernandes ] Caveatrix/Defendant Vs.

John Peter Fernandes and another ] Proposed Defendants .....

Ms. Namrata Rayate i/b MG Legal, for Applicant. .....

CORAM : ARIF S. DOCTOR, J.

th MAY, 2025.

DATE : 6 P.C:

1.

Learned Counsel appearing on behalf of the applicant points out that Interim Application seeks formal amendment to delete name of the caveator and replace the same with the legal heirs of the caveator. Learned Counsel submits that copy of the application has been served on the petitioner, so also notice of today's hearing is given to him. Statement is accepted. Affidavit of service has to be filed in the Registry. SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.05.06 18:41:23 +0530

18-IA-1271-2025.doc 2.

Given formal nature of the application, Interim Application is allowed in terms of prayer clauses (a) and (b) which read thus; "a. That the name of Mr. John Peter Fernandes and Mr. Croydon John Fernandes be brought on record in the above Testamentary Petition in place of the name of the deceased Legal Heir as per the proposed amendment at Ex-A hereto.

b. That the name of the deceased Caveatrix be deleted." 3.

Amendment to be carried out within two weeks from today. 4.

Re-verification is dispensed with.

5.

Interim Application stands disposed of.

[ARIF S. DOCTOR J.]