Sulbha Mihir Bijur v. Mihir Shridhar Bijur (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 06th March, 2025 FOR COMPLIANCE :

23. TP/1538/2024 [Original] (ECHCBM02080702023) P. C. : Shri. Prashant Nakati i/b Madhuri Raibagkar Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submits that in para no. 4 last line there is a statement made in petition that mother of the deceased died on 31.08.2022 and there are no other legal heirs of next of kin of the deceased other than the petitioner. Ld. Advocate for the Petitioner submits that, that pleading includes mother of the deceased Sushma who is since deceased to the deceased, does not have children or children of the pre-deceased children as per the Section 15(1) (a) of the Hindu Succession Act, 1956. Ld. advocate for the petitioner submits that this pleading is correct, according to law. That statement is taken on record.

2. Ld. Advocate for the petitioner moved a praecipe dated 06.03.2025 and thereby seeks permission to amend the petition by explaining delay vide Rule 382 of the Bombay High Court (O. S.) Rules, 1980. Submission is accepted. Praecipe is allowed. Upon filing of the additional affidavit of the petitioner confirming the amendment, re-verification is dispensed with. As the petition is going to be amended, averment regarding the heirs of since deceased mother of the deceased, can be added in the relevant paragraph of the petition, which is referred in the paragraph No.1 of this order.

3. Petitioner to carry out an amendment within three weeks from the date of uploading of this order, if petition is pending.

4. S. O. to 09.04.2025 06.03.2025 Officer on Special Duty, with Testamentary Department