Minali Goyal W/O Ashok Goyal v. Kumud Garg Alias Kumud Jagdish Garg Alias K.J. Garg (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 28th March, 2025 FOR HEARING :

71. TP/3717/2024 [Original] (ECHCBM02091962 024) with WILL/1458/2024 P.C. :

Ms. Anita Murgude i/b Sonali Humane Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submits that third person, namely Arjun Goyal, has filed the affidavit under Rule 384 of the Bombay High Court (O. S.) Rules, 1980. However, there is no such averment in the petition about the death of the attesting witnesses and presence of the Arjun Goyal at the time of the execution of the Will. Ld. Advocate for the Petitioner to follow the directions given in the case of Ramprakash Shreekishindas Aggarwal Vs. Nandlal Ramprakash Aggarwal and another in Petition No.50 of 2011. As per the said Mandat, the petitioner to aver the necessary facts in the petition, as expected in paragraph No. .. of the said order.

2. Later on, Ld. Advocate for the Petitioner moved a praecipe dated 28.03.2025 and thereby seeks permission to carry out an amendment and make averment about the attesting Witness to the Will. Submission is accepted. Praecipe is allowed.

3. Petitioner to carry out an amendment within three weeks from the date of uploading of this order, if petition is pending. Upon filing of the additional affidavit of the petitioner, confirming the amendment, re-verification is dispensed with.

4. S.O. to 21.04.2025.

28.03.2025 Officer on Special Duty, with Testamentary Department