Habiba Jamaluddin Masalawala v. Aziz Kassamali Jagmagia (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 14th November, 2025 FOR COMPLIANCE :

40. TP/5509/2024 (AMH20240129625C2 02400001) with IA(L)/7588/2025 (AMH20240129625C2 02500007) P. C. : Shri. Rahil Kazi a/w Shri. Guru Shanmugami/b M & M Legal Ventures Ld. Advocate for the Petitioner 1.

Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the petition, in terms of the Draft amendment, annexed to the said praecipe, dated 06.11.2025. Petitioner is permitted to amend the schedule-I by deleting the locker mentioned at serial no. 6 and replace the contents as mentioned in the praecipe dated 06.11.2025, as by proposed.

2.

Perused the letter issued by the Bank, which is referred in the affidavit of the petitioner and nominee of the said Locker. As per the bank's letter dated 04.09.2025 annexed to the affidavit of Khadija Jagmahia, a nominee with respect to the locker, it reveals that locker was opened on 27.08.2024 and death claim was settled by the bank, upon the death of locker holder. Hence, on the date of presentation of the petition locker was not existed. Therefore, proposed amendment is allowed. Petitioner to carry out an amendment within two weeks from the date of uploading of this order, if petition is pending. In view of affidavit filed by the petitioner and nominee, re-verification is dispensed with.

3. Due to amendment in the schedule-I, Petitioner to correct the amount in administration bond and reupload the same as per form no. 118 r/w Rule 420 of the Bombay High Court (O. S.) Rules, 1980. Furthermore, corrections must be initialed by the petitioner, surety and notary.

4.

Petitioner to comply issuance of Notice to Collector of the amended schedule, as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980.

5.

S. O. to 27.11.2025 14.11.2025 Officer on Special Duty, with Testamentary Department