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Bombay High CourtCHOL/65/2025disposed off

Mridula Rajendra Somani v. Rajendra Shreekrishna Somani

2025-02-25E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th February, 2025 CALLED FOR DIRECTION:

1.CHOL/65/2025 AMH20230003933C202400007 In TP(L)/10441/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Dipak Gaikawad, Advocate for the Applicant / Petitioner.

P. C. :

1. By this Chamber Order, the Applicant / Petitioner seeks leave to amend the Petition as per the Schedule annexed to the Chamber Order i.e. (1) To annex copy of correct Will and replace the incorrect copy of Will dated 25th May 2018 and (2) To file Fresh Affidavit of attesting witness to the Will of the deceased dated 25th May 2018. 2.

Perused the Affidavit dated 20th August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that at the time of filing the present Petition, inadvertently an incorrect copy of the Will dated 25th May 2018 was annexed to the above Petition and also Affidavit of attesting Witness was filed on the basis thereof. It is further stated that the Will annexed to the above Petition is not the correct copy of the Will and the same is required to be substituted and/or replaced with the correct copy of Will of the deceased. The Applicant / Petitioner has further stated that the deceased had prepared two copies of the Will, but at time of signing the Will one copy was signed by one attesting Witness and other was signed by both attesting Witnesses. The Applicant / Petitioner has further stated that while arranging the papers she found the original Will of the deceased and therefore she had checked and compared the Will and found that a wrong copy of the Will was annexed to the Petition instead of the Will duly signed by the all the Attesting ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Witnesses. The Applicant / Petitioner further stated that annexing incorrect copy of the Will is a genuine and bonafide mistake and as soon as the same came to her knowledge she took steps by taking the present Chamber Order for rectifying and / or amending the Petition. The Applicant / Petitioner therefore prayed for permission to replace the wrong copy of the Will and annex right copy of the Will and also to file a fresh Affidavit of Attesting Witness.

3.

Heard the Ld. Advocate for the Applicant / Petitioner. For the reasons stated in the Affidavit in Support, the Chamber Order is allowed. Amendment to be carried out as per Schedule annexed to the Chamber Order, within two weeks' from today.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 25.02.2025