Gulam Hussain Paknejad v. Mohammed Jawad Palnejad Alias Mohammad Jawad Paknejad (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.03.12 10:06:38 +0530 MULEY SHUBHAM PRAVINRAO 1 52-MPT-612-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 612 OF 2024 Gulam Hussain Paknejad

...Petitioner

Mohammed Jawad Palnejad alias Mohammad Jawad Paknejad ...Deceased ----------------- Adv. Fatema Rampurawala a/w Lata K. for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 11TH MARCH, 2025 P.C.:- 1.

Learned Counsel for the Petitioner points out that this Court had by the order dated 3 rd January, 2025 allowed the Miscellaneous Petition. She however points out that the personal law applicable to the deceased in the Miscellaneous Petition was incorrectly mentioned as Hindu Succession Act, 1956, whereas, the same should be the Muslim Personal Law (Shariat) Application Act, 1937. She therefore requests leave of the Court to amend the Miscellaneous Petition to effect this correction as also then a consequential correction in the order.

2.

In view of what is submitted, the order dated 3 rd January, 2025 is recalled and set aside. Let the Miscellaneous Petition be amended to reflect the Shubham 1/2

2 52-MPT-612-2024.doc correct personal law of the deceased and restore the file, after which the same will be heard and disposed of.

(ARIF S. DOCTOR, J.) Shubham 2/2