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Bombay High CourtMPT/43/2025disposed off

Shakuntala Mahendra Jhobalia v. Mahendra Dharamshi Jhobalia Alias Shah (Deceased)

2025-02-21Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2025.02.24 14:17:39 +0530 1/2 903-MPT-43-25.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 43 OF 2025 Shakuntala Mahendra Jhobalia

...Petitioner

Mahendra Dharamshi Jhobalia Alias Shah ..Deceased ---- Mr. Gauraj Shah a/w Mr. V. A. Joshi a/w Mr. Maaz Qureshi i/b Chitnis Vaithy & Co. for Petitioner.

---- CORAM : ARIF S. DOCTOR, J.

st FEBRUARY 2025 DATED : 21 P.C. :

Mr. Shah, Learned counsel for petitioner tenders draft amendment seeking to replace prayer clause (a) of the caption misc petition with the draft handed in. His submission is that the original prayer clause provided for the petitioner to be certified as only legal heir and representative of the deceased Mahendra Jhobalia. However, what is sought for today is issuance of the legal heirship certificate in the names of petitioner and Sanjay Mahendra Jhobalia, who are the only heirs and legal representatives of the deceased.

Having due regard to the submissions made by the learned counsel for the petitioner and also the fact that the petition was unopposed, the draft amendment is taken on record and marked "X" for identification. The Learned Counsel for the Petitioner is granted leave to amend the misc petition as per the draft handed. Amendment to be carried out within one week from today. Reverification is dispensed with.

Meera Jadhav

2/2 903-MPT-43-25.doc The prayer clause reproduced in the order dated 2 nd January 2025 be thus replaced with the amended prayer clause.

(ARIF S. DOCTOR, J.) Meera Jadhav