Harichand Chandar Mohite v. Kalavati Harichand Mohite

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-27th September, 2024 FOR COMPLIANCE:

32. TP/2420/2024 [Original] (ECHCBM02208552023) P. C. :

Ms. Nikita Bhosale i/b Vinod Sangvikar Ld. Advocate for the Petitioner

1. In this matter order has been passed on 16.08.2024 for issuance of grant. However, while preparing the draft of the grant, it is noticed that petitioner no. 2 has expired and her legal heirs are brought on record. However, this fact was not brought to the notice by the Ld. Advocate for the petitioner and in drive, unamended copy of the petition was shared by the department. Hence, due to inadvertently order was passed on 16.08.2024. 2.Hence, order dated 16.08.2024 is corrected and read as under;

(a) In para no. 1 fact about petitioner no. 2 is corrected and read as under;

"During the pendency of the petition, Petitioner no. 2 namely Anita, reported to be died. Hence, petitioner no. 1 had taken out CHOL/99/2024. Name of the petitioner no. 2 came to be deleted and her heirs names are mentioned in the para no. 4 of the petition."

(b) In Para no. 5, fact about the legal heirs is corrected and read as under;

"Legal heirs of the deceased, namely Shilwati, Leela, Jyoti Vinod (through his constituted attorney claiming through Anita Mohite ) (then Petitioner no.

2) have consented to the petition by filing their

affidavits. Petitioner has executed the administration bond vide Rule 420 of the Bombay High Court (O. S.) Rules, 1980.

(c) Furthermore, in para no. 6, word mother is deleted.

(d) Wherever word "Petitioners" is mentioned is now corrected and read as "Petitioner" with gramattical corrections.

3. It is made clear that rest of the order dated 16.08.2024 will remain same.

4. Removed from the board.

27.09.2024 Officer on Special Duty, with Testamentary Department