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Bombay High CourtIA/1170/2025disposed off

Kundan Shankarrao Agaskar And ANR v. Shankarrao Bhagwantrao Agaskar (Deceased)

2025-05-08Hon'Ble Justice Shri Arif S. Doctor2 pages

1 11-IA 1170-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1170 OF 2025 IN TESTAMENTARY PETITION NO.2128 OF 2019 Kundan Shankarrao Agaskar & Anr.

... Applicants In the matter of Shankarrao Bhagwantrao Agaskar alias Shankar Bhagwantrao Agaskar alias Shankar ... Deceased Kundan Shankarrao Agaskar & Anr.

... Petitioners Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.05.08 18:49:27 +0530 ----- MUGDHA MANOJ PARANJAPE Ms. Bhakti Patil a/w Prabhu Velar for the Applicants/Petitioners. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

08TH MAY 2025 P.C. :

1.

This Court had vide an order dated 4 th March 2024 granted to the Applicants the Letters of Administration to the properties and credits belonging to one Shankarrao Bhagwantrao Agaskar alias Shankar Bhagwantrao Agaskar alias Shankar ('the deceased').

2.

Learned Counsel appearing on behalf of the Applicants submits after issuance of the grant, the Applicants became aware of certain minor Mugdha

2 11-IA 1170-25.doc typographical errors in the description of the property. She invites my attention to the Survey Register for the town, which shows the details of the property. 3.

Having due regard to the submissions made as also averments made in the Application, I am of the view that Interim Application deserves to be allowed. Hence, Interim Application is allowed in terms of prayer clauses (a), (b) and (c), which read thus:

"a.

To condone the delay of 1316 days in filing the present Application. b.

To allow, to amend the schedule of Assets as per the schedule of amendment marked as Exhibit - F to the present application, and the same to be incorporated in the Original Grant issued in T .P. No. 2128 of 2019. c.

Consequential amendments in the above Petition arising out of amendment being carried out be allowed, re-verification may be dispensed with." 4.

Amendments to be carried out within a period of three weeks from today.

5.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Mugdha